Community Standards & Student Code of Conduct

The Manhattan College Community Standards and Student Code of Conduct contains the rules and regulations of Manhattan College to which all members of the college community agree to abide. The College reserves the right to revise any of the information, policies, procedures, rules or regulations in this document at any time.

Any revisions to the Manhattan College Community Standards and Student Code of Conduct will be highlighted in red text for six months from the date of revision.

I. Manhattan College Community Standards

A. Preamble

Welcome to Manhattan College, a Lasallian Catholic College. At Manhattan College, we remain very closely tied to our roots, namely the Institute of the Brothers of the Christian Schools founded by St. John Baptist de La Salle more than 300 years ago in France. In particular, the expectations for student behavior, our Community Standards and Student Code of Conduct are directly influenced by the ideas of de La Salle from the 17th century. These time-tested beliefs and ideals continue to guide Manhattan College as a community in the 21st century.

As in all institutions of higher education, Manhattan College is guided by the basic values of civility, safety and the discourse of ideas. Taking seriously our role as a Lasallian Catholic institution though, we have standards specific to our identity. As a Catholic institution our respect for the complementary nature of faith and reason, our respect for the wellspring of Catholic academic thought and our reliance on the rich Catholic heritage of arts and classic works is witnessed. Also, the sense of Catholic spirit witnessed through campus ministry, social justice, our curriculum and daily sacramental offerings imbue our campus with our distinctively Catholic mission and identity.

As did John Baptist de La Salle in his ministry, we continue to adapt to a changing culture and the changing needs of our students, while remaining true to the core values of the Lasallian mission. Beginning with the Perpetual Vow, taken by de La Salle and the early Brothers in 1694 at Vaugirard, France, we are foremost a community that works “together and by association.” This theme will resonate throughout your time at Manhattan and is a fundamental principle in the ethos of the Manhattan College community.

The Manhattan College community continues to aspire to John Baptist de La Salle’s appeal/demand for civility and decorum. “The practice of decorum and civility…is the wise and well regulated conduct that governs what we do and say. It arises from sentiments of modesty, respect, union, and charity toward our neighbor.” These time- tested ideals apply directly to the expectations of the current Manhattan College student in all settings, at all times.

While we all fall short of civility and decorum at times, we remain true to de La Salle by imposing corrections in cases where the Manhattan College standards are not met. In developing the community standards and the code of conduct infractions and sanctions, we are directly linked to John Baptist de La Salle’s disciplinary model. De La Salle outlines numerous qualities that are required when administering disciplinary corrections to students; included among these traits are the spirit of prudence and justice. We are conscious of these qualities and remain close to a core principle of de La Salle’s that “no correction should be administered unless it is considered useful and advantageous.” The goal of sanctions is to educate and offer developmentally appropriate opportunities for growth for the individual. However, while the individual is important, the larger community is also considered when administering corrections/sanctions. As a result, in order to protect the community at large, there are times when a severe sanction may be the appropriate conclusion.

We fully expect that as members of the Manhattan College community, you will read and understand the Community Standards and Code of Conduct that follow on these pages. It is the responsibility of each student to be cognizant of the expectations, the infractions and the possible sanctions for all manner of activity as a Manhattan College student.

B. The 12 Virtues of a Good Lasallian

Living the following Lasallian virtues will help you maintain a positive approach as a Manhattan College student and will certainly help you avoid the difficulties associated with violating the Community Standards and the Student Code of Conduct.

Gravity: regulates the exterior of a Lasallian to modesty, politeness and good order.

Silence: leads the Lasallian to avoid speaking when s/he should not speak and to speak when s/he should not be silent.

Humility: inspires us with low sentiments of ourselves; it attributes to us our just due.

Prudence: makes us understand what we need to do and what we need to avoid.

Wisdom: gives us knowledge of the most exalted things through the most excellent principles so that we may act accordingly.

Patience: makes us overcome without murmuring and with submission to the will of God, all the evils of this life, especially the cares inseparable from the education of youth.

Reserve: makes us think, speak and act with moderation, discretion and modesty.

Gentleness: inspires us with goodness, sensitivity and tenderness.

Zeal: makes us procure the glory of God with great affection.

Vigilance: makes us diligent and painstaking in fulfilling all our duties.

Piety: makes us fulfill worthily our duties toward God.

Generosity: makes us voluntarily sacrifice our personal interest, to those of our neighbor.

Inspired by Br. Agathon, FSC, Superior General - 1777-1795 The Institute of the Brothers of the Christian Schools

C. Manhattan College Honor Code

The Manhattan College Standard 1 Manhattan College is a community of scholars and learners committed to the principles of honesty, trustworthiness, fairness, and respect for the human dignity of all persons. Honor is the foundation of teaching and learning at Manhattan and the honor system is central to our mission as a liberal arts College. All members of this community share a common responsibility for promoting a climate of integrity. The Manhattan College Standard expresses a set of expectations of students who claim membership in Manhattan’s learning community. All undergraduate students are required to sign a pledge to adhere to these expressed values and to conduct themselves accordingly throughout their matriculation at Manhattan College. The standard of conduct that governs Manhattan’s academic life demands commitment to the highest personal values.

The Manhattan College Honor Pledge Students affirm their commitment to uphold the values of Manhattan College by signing a pledge that states:

As a Manhattan College student, I will not lie, cheat, or steal in my academic endeavors, nor will I accept the actions of those who do. I will conduct myself responsibly and honorably in all my activities as a Manhattan College student. I am accountable to the Manhattan College community and dedicate myself to a life of honor.

The Reaffirmation Upon completion of academic assignments, students may be asked periodically to reaffirm the above commitment by signing this statement: “I have adhered to the Manhattan College Standard in completing this assignment.”

Reporting Honor Code Violations Under the Manhattan College Pledge, students affirm their commitment not to lie, cheat, or steal in academic endeavors, nor accept the actions of those who do. A student who has direct knowledge of potential violations of the Honor Code is honor bound to provide the name or identity of the person(s) alleged to have committed the violation(s). Likewise, other members of the Manhattan College community are expected to report potential cases of violations of the Honor Code.

Violations of the Honor Code From time to time there are violations of the Honor Code. Infractions are taken quite seriously and receive stern prompt judgment. Students who violate the Honor Code are subject to various sanctions, including suspension or expulsion from Manhattan College. The sanctions are described in the “Academic Integrity” section of the Manhattan College Community Standards and Student Code of Conduct.

Implications Commitment to the Manhattan College Standard as conveyed through the Honor Code encompasses:

a. making decisions that can be justified, not as excusable or understandable, but as honorable;

b. observing the guidelines for academic integrity and collaboration set forth by individual faculty members;

c. adhering to all College regulations;

d.reporting suspected Honor Code violations.

Summary Students have agreed to abide by the Honor Code and the system of discipline it requires. Tests and examinations may or may not be proctored and some may be take-home. Some final examinations may be self-scheduled, so that students may prepare for and take them in their preferred sequence and at their preferred hours. The library operates with open stacks, allowing students to wander freely as they study and research. In short, the system allows students and faculty to have mutual confidence in each other’s words and actions. This atmosphere is self-perpetuating and enables members of the Manhattan College community to live and learn together more easily.

1 Adapted from the Honor Codes of Duke University and Wellesley College

II. Student Code of Conduct

The Student Code of Conduct outlines specific behaviors which are seen as contradictory to the Lasallian mission and for which students will be held accountable. The Student Code of Conduct applies to all students individually as well as to collective groups. Manhattan College retains the right to hold students accountable for behavior which extends to off-campus activities, including College-sponsored and non-College- sponsored events.

Students who are separated from the College while there are judicial charges pending within the College will be required to engage in the judicial process either before leaving or following their return to campus. A few examples of such separation might be medical withdrawal, administrative withdrawal, study abroad, etc.

Students found responsible for behavior that violates the Student Code of Conduct at the level of suspension from the College or expulsion from the College are considered students “not in good standing.” Should a student be suspended or expelled from the College during the first five weeks of any given semester, that student forfeits the right to the usual reimbursement fee schedule. Any federal financial aid will be prorated according to Title IV of federal aid guidelines.

The following code of conduct is consistent with Lasallian community standards. The expectations set forth apply to all Manhattan College students in an effort to foster a community that strives for excellence in learning and living.

A. Alcohol Regulations

Manhattan College students are expected to comply with alcohol laws of New York State, especially as they relate to underage drinking. Under current New York state law, individuals under 21 years of age may not possess or consume alcoholic beverages, nor may individuals over 21 years of age furnish alcoholic beverages to those less than 21 years of age. Consistent with New York State law, the following College policies are in effect:

People less than 21 years old may not possess or consume alcoholic beverages.

No member of the College community may serve or otherwise furnish alcoholic beverages to people less than 21 years old.

No person under the age of 21 may possess or present evidence of age that is false for the purpose of purchase or possession of alcoholic beverages.

Standard Minimum Sanctions May Result In:

Depending upon the severity of the incident(s):

First time offenders will generally receive parental notification, mandatory educational programming, revocation of privileges and fines.

Second time offenders will generally receive more intensive counseling referral, parental notification, revocation of privileges, residence probation and a fine.

Chronic offenders (three or more offenses in an academic year) can lead to mandatory medical leave, involuntary leave of absence, mandatory substance abuse assessment, suspension and/or expulsion from the residence halls and/or the College or any combination of the above. A decision to impose a mandatory medical leave will be made only after consultation with qualified mental health and/or addiction specialists. For further information, see the Medical Leave policy in Section VIII.

B. Regulations Regarding Alcohol and Campus Facilities

All students present in private residence hall rooms where alcoholic beverages are being consumed must be 21 years old.

Possession or use of alcohol serving equipment, including but not limited to beer pong tables, beer ball containers, kegs, taps, funnels and bars, is prohibited.

Drinking games are prohibited.

Any quantity of alcoholic beverages (e.g., beer, wine, liquor) brought into a residence hall that, in the judgment of College personnel/staff, may cause injury or harm will be confiscated and disposed of without reimbursement.

Any quantity of alcoholic beverages (e.g., beer, wine, liquor) brought into a residence hall or possessed on campus, by a student under the age of 21 will be confiscated and disposed of without reimbursement.

Students may not bring alcoholic beverages into any unauthorized areas.

Being in a state of intoxication is a violation of the Student Code of Conduct.

Standard Minimum Sanctions May Result In:

Depending upon the severity of the incident(s):

First time offenders will generally receive parental notification, mandatory educational programming, revocation of privileges and fines.

Second time offenders will generally receive more intensive counseling referral, parental notification, revocation of privileges, residence probation and a fine.

Chronic offenders (three or more offenses in an academic year) can lead to mandatory medical leave, involuntary leave of absence, mandatory substance abuse assessment, suspension and/or expulsion from the residence halls and/or the College or any combination of the above. A decision to impose a mandatory medical leave will be made only after consultation with qualified mental health and/or addiction specialists. For further information, see the Medical Leave policy in Section VIII.

C. Identification Tampering

In an effort to acquire alcohol while underage, individuals sometimes rely on forged licenses and identifications. We address this issue with alcohol policy and guidelines due to the fact there are laws which address purchasing alcohol with forged identification.

Criminal charges may be brought against an underage person who alters and/or possesses a false or fraudulent written instrument officially issued or created by public office, public servant or governmental instrumentality. Those who manufacture or alter an ID or driver’s license may be criminally charged with:

Forgery in the 2nd (Penal Law 170.10)-D Felony

Possession of a forged instrument in the 2nd degree (Penal Law 170.25) D Felony

Criminal impersonation in the 2nd degree (Penal Law 190.25)- A Misdemeanor

False impersonation (Penal Law 190.23)-B Misdemeanor

Alcoholic beverage control law and penal law have criminal penalties for attempting to purchase alcoholic beverages with an altered or false New York State driver’s license. New York State penal law defines a misdemeanor as a crime punishable by imprisonment for more than 15 days but no more than one year. A felony is a crime punishable by imprisonment for more than one year.

Manhattan College also reserves the right to sanction students who alter their Manhattan College identification or transfer their identification to another individual in any attempt to mislead or deceive individuals that would inspect said identification (i.e. Public Safety, food services, College officials, etc.).

Standard Minimum Sanctions May Result In

Disciplinary Probation

D. Drugs and Other Illegal Substances

The unauthorized selling, purchasing, possession or distribution of drugs and other illegal substances, including, but not limited to narcotics, depressants, stimulants or hallucinogens is in violation of the Student Code of Conduct and state and federal laws. Manhattan College is not a sanctuary from civil authorities. The use of prescription drugs without a prescription or inconsistent with the prescribed dosage is prohibited. The College will cooperate with law enforcement agencies in apprehending specific individuals whose activities the authorities have good reason to suspect. Possession or distribution of synthetic or herb-based drugs is prohibited. The use of hookahs on campus is prohibited; if found in the residence halls, hookahs will be confiscated.

1. Distribution of Drugs and Illegal Substances: The distribution of marijuana, narcotics, and prescription medication and other illegal substances is strictly forbidden by the Student Code of Conduct. It also violates state and federal law. Evidence of sale and/or distribution may be reported to local law enforcement agencies. The possession of drugs or illegal substances in significant quantities may, by itself, indicate the intent to distribute such drugs or illegal substances.

Standard Minimum Sanctions May Result In

Expulsion from the College

2. Possession and Use of Drugs: The possession and/or use of such drugs and drug paraphernalia is strictly forbidden. The use of prescription drugs without a prescription or inconsistent with the prescribed dosage is prohibited. While we recognize the use and misuse of substances as a health issue, we also are aware of its negative impact on the larger community.

Standard Minimum Sanctions May Result In

First time offenders will generally receive parental notification, mandatory educational programming and revocation of privileges and fines. Second time offenders will generally receive more intensive counseling referral, parental notification, revocation of privileges, residence probation and a fine.

Chronic offenders (three or more offenses in an academic year) can lead to mandatory medical leave, involuntary leave of absence, mandatory substance abuse assessment, suspension and/or expulsion from the residence halls and/or the College. Chronic drug offenders may be required to participate in mandatory drug testing at the student’s expense.

Standard Minimum Sanctions May Result In

Possession of these items results in confiscation and a fine. Should the offense violate penal code, more serious sanctions can be imposed.

F. Harassment

Harassment is abusive or threatening language, behavior that intentionally or recklessly abuses, ridicules, or mocks a person that may adversely affect his or her learning, living, or working environment. Examples include but are not limited to profanity, lewd pictures or words, and could involve:

Singling out an individual or group in an intolerant fashion including reference to religion, race, gender, ethnicity, sexual orientation, disability, etc. (See Sexual Harassment, Discrimination and all, Other Forms of Harassment policy Statement);

Language or actions, written or spoken, expressed with the intent or effect of inciting hatred or violence and to place the targets of the words in danger.

Standard Minimum Sanctions May Result In

Suspension from the College

G. Physical Harassment and Assault

Physical harassment or assault includes any action or situation that produces the physical discomfort of an individual or group or that places the individual or group in danger of physical injury, including but not limited to, punching, kicking, scratching, spitting, use of weapons, pushing, etc.

The college environment is designed as a place of safety to encourage the exchange of differing ideas and viewpoints. Students are expected to handle conflict without the use of force. In the event of physical threat, students should pursue every means possible to avoid physical retaliation. Students are encouraged to contact Public Safety to avoid physical altercations.

Standard Minimum Sanctions May Result In

Suspension or expulsion from the College

H. Hazing

Hazing in any form is expressly prohibited at Manhattan College. New York State defines hazing as a crime “when, in the course of another person’s initiation into or affiliation with any organization, he or she intentionally or recklessly engages in conduct which creates a substantial risk of physical injury.” The College considers hazing to include, but not be limited to: conduct or an activity, whether on or off campus, that is demeaning to an individual, produces mental or physical duress, harassment or ridicule, or which threatens or endangers the health or safety of any person. Examples of prohibited actions that are considered hazing include: paddling in any form, creation of excessive fatigue, physical and psychological shocks, morally degrading or humiliating games or activities, late (post-midnight) work sessions that interfere with scholastic activities and any other activities not consistent with the policies and regulations at Manhattan College.

The prohibition applies to individuals and also to organizations such as student clubs, social fraternities or sororities, athletic teams or any similar College-related group.

Standard Minimum Sanctions May Result In

Suspension from the College

Revocation or probation of student group/organization’s charter

I. Fire Safety

Fire poses a serious risk to everyone on campus and fire safety equipment, such as smoke detectors, fire extinguishers, fire alarm pull boxes and emergency routing signs, are installed in each College facility and residence hall for your protection (also, see Fire Safety Policy and Fire Safety Prohibited Items). Tampering with or misusing any fire safety device, jeopardizes your safety and the safety of others and will result in disciplinary action and/or arrest. Actions considered a violation of fire safety regulations include, but are not limited to:

Starting or maintaining any open flame in unauthorized College spaces (i.e. residence halls, library, classroom, etc.);

Blocking or locking fire exits;

Propping doors open.

Standard Minimum Sanctions May Result In

Expulsion or suspension from residence halls and/or suspension or expulsion from the College

J. Respect for Property

Vandalism or theft of College, organization, or personal property (including, but not limited to library, computer files, or any other personal possessions, etc.) is a violation of the Student Code of Conduct and Community Standards.

Standard Minimum Sanctions May Result In

Suspension from the College, Restitution and Community Service

K. General Student Code of Conduct Issues

As it is not possible to list every possible violation of the Student Code of Conduct that can occur, we are offering a general list of violations that can be adjudicated applying the Student Code of Conduct. These issues can occur in a wide variety of settings, both on and off campus and may require a wide range of sanctions depending on the severity of the situation. Please refer to the continuum of disciplinary sanctions to inform yourself of potential outcomes. The following violations are often self-explanatory, but deserve specific mention in the Student Code of Conduct.

Any conduct that would violate any local, state or federal government criminal code.

Any behavior that is contrary to the order requisite for the educational community, including but not limited to, conduct that threatens or endangers the life, health, safety or well-being of self or others.

Unauthorized entry or use of College facilities, unauthorized possession, duplication or use of keys, access cards or pass codes to College facilities.

Failure to comply with the directives of College officials acting in performance of their duties.

Refusal to show ID card to administrative, academic, Public Safety or food service personnel, members of Student Life staff, or members of Student Government who are performing their assigned duties.

Abuse of telecommunications (i.e. telephone, email, cable TV). A growing area of concern for students is copyright infringement when downloading products from the internet. (See Computing Policy and Procedures.)

Engaging or threatening to engage in behavior that poses imminent danger of causing harm to self or others, would cause property damage, or would directly impede the lawful activities of others, including but not limited to use of mechanical or motorized vehicles or conveyances where prohibited.

Violations of any other rules, regulations and policies outlined in this document and on the official College website, including but not limited to policies statements such as Sexual Harassment, Computing, and Advertising.

Providing false information to the College when participating in the disciplinary process as a witness or as a student charged with a violation.

Indecent behaviors include, but are not limited to the following: profanity, indecent exposure, lewd or obscene expressions, disrespectful statements toward College personnel, public urination, etc.

The aforementioned list of violations is not exhaustive; however it gives a solid foundation for the types of behavior that violate the Student Code of Conduct. Again, depending on the specific situation, these violations can result in a variety of sanctions that exist on the continuum of sanctions which follows. As a reminder, the adjudication of such offenses shall be considered from a Lasallian model of educational opportunity. The well-being of the collective community is also considered in light of individual conduct.

III.Title IX/Sexual Misconduct Policy

Manhattan College is committed to ensuring equal access to its educational programs and employment opportunities without regard to sex, gender, race, color, national origin, religion, age, disability, pregnancy, gender identity, sexual orientation, predisposing genetic characteristics, marital status, veteran status, military status, domestic violence victim status, or ex-offender status. Manhattan College is committed to providing an environment not impaired by sex and gender-based misconduct, including sex discrimination and sexual harassment. Title IX of the Education Amendment of 1972 is a federal law that prohibits discrimination on the basis of sex in educational programs, activities, and employment practices. Therefore, students, employees, applicants, and other members of the Manhattan College community (including without limitation, vendors, visitors, and guests) may not be subject to discrimination or harassment or otherwise treated adversely based upon a protected characteristic. This includes, without limitation, sexual harassment, sexual assault, domestic violence, dating violence, and stalking. Similarly, the College will not tolerate harassing, violent, intimidating, or discriminatory conduct by its students, employees, or any other member of or visitor to the College community.

This policy applies to conduct occurring on campus, during any College program or activity on or off-campus or abroad, including academic programs, admissions, athletics, recruitment, financial aid, housing, employment, as well as certain off-campus conduct perpetrated or suffered by a Manhattan College student, employee, staff member, or third party member of the College community.

The College encourages individuals to report all gender-based misconduct immediately to the Title IX coordinator, one of the deputy coordinators or another College staff member. The College will fully and promptly investigate all allegations of gender-based misconduct and will impose disciplinary measures, or take similar actions, as may be appropriate.

Title IX and the College strictly prohibits retaliation. Any person who attempts to penalize, intimidate, or threaten a person who makes a report or cooperates in an investigation of gender-based misconduct, harassment, or discrimination will be disciplined. Any person who believes he or she has been the victim of retaliation should immediately contact the Title IX coordinator or one of the deputy coordinators.

This College policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment. These laws include Title IX (prohibiting discrimination and harassment based on sex), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VII, the New York State Human Rights Law and the New York City Administrative Code.

Who to Contact

Inquiries regarding the application of Title IX and other laws, regulations and policies prohibiting discrimination may be directed to:

Definitions

Sex and Gender-Based Misconduct encompasses a broad range of behaviors including sex and/or gender discrimination which may or may not be sexual in nature. Sexual harassment, sexual assault and intimate partner violence such as domestic, dating violence and stalking are other types of gender-based misconduct prohibited by law and this policy. Gender-based misconduct can be perpetrated by men or women and can occur between people of the same or different sex.

Examples of gender-based misconduct include pressure to date or engage in a romantic or intimate relationship, unwelcome touching, kissing, hugging; inappropriate remarks about a person’s gender, gender expression, or sexual orientation; inappropriate sexual innuendo or humor; unnecessary or unwelcome references to parts of the body; and pressure for or forced sexual activities.

Sexual Harassment is a type of sex discrimination and is prohibited by Title IX and by Manhattan College policy. Sexual harassment may include unwelcome sexual advances, requests to engage in sexual conduct or for sexual favors, and other behavior of a sexual nature where:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment;

Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; and/or

Such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or demeaning educational or employment environment.

Sexual harassment can be verbal, visual or physical and can occur regardless of the relationship, position, gender, or sexual orientation of the parties involved. It can be overt (e.g., in a suggestion that a person can get a higher grade by submitting to sexual advances), or implied from conduct or circumstances. Sexual harassment can also consist of unwelcome attempts to make an educational or professional relationship into a personal one. It may include severe, persistent and pervasive unwelcome sexual flirtation or inappropriate or derogatory language, including jokes involving individuals or classes of people, or persistent requests for dates. A single incident or few incidents may not necessarily amount to harassment, but a single extreme incident could constitute prohibited discrimination or harassment. Sexual harassment can also include the display of offensive materials, unwelcome physical contact, or serious physical abuse such as sexual assault or rape.

Non-Consensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined in this Policy) and/or by threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.

Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, forcibly or without affirmative consent or where the victim is incapable of affirmative consent due to mental or physical incapacity. Statutory rape is non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.

Domestic Violence may include violent acts by a current or former spouse; by a person with whom the victim shares a child in common; by a person who is or has cohabitated with the victim as a spouse; by a person similarly situated to a spouse; between a parent and child; between members of the same household in an intimate relationship; or by any other person similarly situated. Domestic violence can be physical, sexual, emotional or economic in nature.

Dating Violence can be violence or abusive behavior used by one partner to gain or maintain control over another partner. It can be violence committed by a person who is or has been in a social, romantic or intimate relationship with the victim. The existence of such a relationship will be determined by factors such as the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.

Stalking is unwanted or obsessive attention by an individual or group toward a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress. Stalking may include the monitoring of an individual online or involve the use of social media, email or other technology. It may also include unwanted observation or surveillance.

Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. This definition does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act;

Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol;

Consent may be initially given but withdrawn at any time;

Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent;

Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm;

When consent is withdrawn or can no longer be given, sexual activity must stop;

Children under 17 years of age cannot legally consent under New York State Law to having sex or sexual contact with an adult (i.e., someone who is 17 years of age or older). Any sexual contact in New York between a child under 17 and an adult is a crime, and any such illegal behavior between a College student under 17 and a College employee or employee of a contracted service provider to the College will be reported to an appropriate law enforcement agency. Other jurisdictions may have different standards, and any illegal behavior in such jurisdiction also will be reported to the appropriate law enforcement agency.

Incapacitation: occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Evaluating incapacitation requires an assessment of an individual’s:

Decision-making ability;

Awareness of consequences;

Ability to make informed judgments;

Capacity to appreciate the nature and the quality of the act; and

Level of consciousness.

An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of making a knowing, reasonable decision about whether to engage in sexual activity is in violation of this Policy.

Note about Alcohol and Drug Use: the consumption of alcohol and other drugs can have unintended consequences and create an atmosphere of confusion as to whether consent was freely given. If students do consume alcohol or other substances, they are encouraged to do so responsibly.

See Appendix A for the College’s Alcohol and Drug Use Amnesty policy.

Alcohol and Drug Use

The consumption of alcohol and other drugs can have unintended consequences and create an atmosphere of confusion as to whether consent was freely given. If students do consume alcohol or other substances, they are encouraged to do so responsibly.

An individual’s consumption of alcohol or other drugs never places them at fault for being sexually assaulted or victimized by any other form of gender-based misconduct.

The College’s primary concern is for the safety and well-being of its students and other members of the College community. It is imperative that you report sexual assault, harassment and other forms of gender-based misconduct, even if those involved may be violating other College policies, such as those regarding underage alcohol consumption. The College expects that members of the community will look out for each other and immediately report troubling behavior so that the College can put a stop to it, address the effects of the behavior and prevent its recurrence. Students who report or cooperate with an investigation of sexual assault, domestic or dating violence and stalking will not be charged with violating the Alcohol or Drug policies of Manhattan College related to that violation. However, the student may be referred without conduct charges to the Alcohol and Drug Counselor available through the Manhattan College Counseling Center to support their health and well-being. If you are not sure whether misconduct has occurred, please contact the Title IX coordinator or one of the other individuals listed.

Safe Bystander Interventions

Observers of a sexual assault or other types of gender or intimate partner based misconduct such as domestic violence, dating violence, or stalking, may be able to help the victim. However, it is important that you do so in a positive manner and in a way that keeps you and the victim safe. Appropriate interventions will depend on the situation. Safe and appropriate options for bystanders may include calling the public safety office in violent or potentially violent situations, intervening if you believe someone is in a potentially uncomfortable or unsafe situation, and/or encouraging the target of such conduct to report the incident and seek support.

Retaliation

Manhattan College will not tolerate retaliation. Retaliation is prohibited by Title IX. Any attempt by a member of or visitor to the Manhattan College community to intimidate, penalize, or threaten a person who reports or who is otherwise involved or cooperating in, a report of discrimination, misconduct, or harassment is strictly prohibited. Any person found to have participated in an act of retaliation will be disciplined accordingly. In some cases, knowingly making a false report of discrimination or harassment can amount to retaliation.

Procedures

Manhattan College’s greatest concern is for the safety and physical and mental health of all its students, faculty, staff, and guests and is committed to maintaining a welcoming and supportive educational climate. Therefore, the following procedures are available to all students, staff, administrators and faculty who feel they have experienced or witnessed gender-based misconduct, including sexual assault, domestic violence, dating violence, stalking, sexual harassment and gender discrimination as discussed above.

The College will promptly and equitably respond to all issues involving gender-based misconduct. It may be necessary to adjust on a case-by-case basis the procedures and timeframes discussed in this section due to the nature and complexity of the issues, the parties involved, and the College’s academic calendar. Both the complainant and the accused will be notified of procedural or timeframe adjustments.

Reporting Misconduct

All members of the College community, including students, staff, faculty, vendors, and visitors who experience, witness, or hear about gender-based misconduct, including sexual harassment and sexual assault, are encouraged to immediately contact the College’s Title IX Coordinator, Sheetal Kale, in person at Miguel Room 100, by phone at 718-862-7512, or by email at skale01@manhattan.edu, or reach out to any of deputy Title IX Coordinators listed on the college website. In an emergency please call 9-1-1 or the Public Safety at (718) 862-7333. There is no time limit on how long after an incident you can make a report of misconduct. However, the College’s ability to respond to a report may be hindered by the length of time between the alleged misconduct and the report itself.

Once the College is informed of alleged misconduct, the Title IX Coordinator or her designee will notify the complainant and the accused of their rights. See Appendix B for Students’ Bill of Rights. The Title IX Coordinator will help the parties navigate the formal complaint process, access appropriate medical, emotional or academic services, discuss possible interim arrangements during the investigation and resolution phases, understand your rights, and answer your questions along the way. The College will endeavor to promptly, thoroughly and impartially investigate and resolve all complaints. The Title IX Coordinator and/or her designee will therefore respond to every report of alleged sex or gender-based misconduct, facilitate the implementation of measures to stop the behavior, and take steps to prevent its recurrence.

Reporting Misconduct to Law Enforcement

If you have been the victim or target of a sexual assault or other type of sexual misconduct, you may also contact the NYPD in addition to the College. The local NYPD precinct is the 50th Precinct and is located 3450 Kingsbridge Avenue, Bronx, NY 10463 and can be reached at (718) 543-5700. You do not have to file a report with the police, but if you would like to do so, someone from the Title IX Working Group can accompany you to the local police precinct to support you through the process. The College can also provide you with information about the process of obtaining a judicial order of protection. In certain circumstances, depending on the type of conduct alleged and the parties involved, the College may be independently obligated to contact the police. The College will continue its own investigation into the alleged conduct, regardless of whether or not the police decide to pursue their own investigation. The College will cooperate with all police investigations and will honor and enforce any judicial no-contact, restraining, or protective orders the parties may obtain outside the College process.

Confidentiality

Any College official (e.g. faculty member, residence life staff member, dean) informed of possible discrimination, harassment or sex or gender-based misconduct must report it to the Title IX Coordinator. However, certain College officers who serve in a privileged professional capacity (e.g. rape crisis counselors, medical service providers, counselors, and the clergy) are not necessarily bound by this requirement, except as required by law. Confidential resources are listed below. Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide of a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

If a reporting individual discloses an incident to a College employee who is responsible for responding to or reporting sexual assault, domestic violence, dating violence, or stalking, but wishes to maintain confidentiality or does not consent to the College’s request to initiate an investigation, the Title IX Coordinator will weigh the request against the College’s obligation to provide a safe, non-discriminatory environment for all member of its community. The College will assist with academic, housing, transportation, employment and other reasonable and available accommodations regardless of reporting choices.

Upon receipt of a report, the Title IX Coordinator and those assisting with an investigation and those participating in any disciplinary proceedings, will make all reasonable efforts to maintain the privacy of those involved. The College understands that reports of this nature can be difficult, emotional and stressful. Therefore, the College will only share information as is needed to conduct a prompt, thorough, and effective investigation. All members of the College community should understand that even if the complainant asks the College not to pursue an investigation, or decides to attempt to resolve the situation informally, the College may still need to investigate the allegations and address the conduct.

Even Manhattan College office and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

To speak with someone at Manhattan College on a confidential basis, the following options are available:

Counselors in the Manhattan College Counseling Center

Nurse Practitioners in the Student Health Center

The Campus Chaplain

Investigation

After the receipt of a report of gender-based misconduct, the Title IX Coordinator or one of her deputy coordinators will meet with the complainant to gather as much information as possible. The Title IX Coordinator and/or her designee(s) will also meet with any witnesses or individuals who may have information about the conduct at issue. The Title IX Coordinator or her designee will counsel the accused on the available academic and other emotional supports available.

If after this initial fact-finding phase the College determines that a violation of College policy may have occurred, it will proceed with a full investigation. All parties will be notified that an investigation is underway and will be afforded the opportunity to independently meet with the Title IX Coordinator or her designee to review this procedure and to have his/her rights explained. All parties will also have the opportunity to submit names of individuals with knowledge of the situation and the College will follow up with those individuals. The Title IX Coordinator or her designee will counsel all parties on the available academic and other emotional supports available. The College will notify the parties in writing prior to any meeting that they are required or eligible to attend. The accused will receive a notice of investigation that includes the date time, location and factual allegations concerning the report that the College has received. Accused individuals will also be provided with a reference to the specific code of conduct provisions alleged to have been violated.

During an investigation, the Title IX Coordinator or an appropriate designee may ask for written statements and other documents or evidence which may aid in the investigation. Therefore, it is important to preserve all evidence associated with the conduct or that you think might help others understand what happened. Such evidence can include text messages, Facebook or Instagram posts, photos, voicemails, emails, or items of clothing. Both parties may exclude any prior sexual history with persons other than the parties involved in the current conduct process.

Interim Measures

During the investigation process interim measures will be discussed with the parties and implemented as may be appropriate. Possible interim measures available to students, faculty, staff, or other individuals participating in this process may include a change in class schedule, housing arrangements and/or work arrangements. The parties may request that the College issue a “no contact” order, which prohibits the parties from interacting and restricts one or both party’s access to certain areas of campus. “No contact” orders are usually not indefinite and either party may request that the Title IX Coordinator or her designee amend or revoke a “no contact” order. Intentional and/or repeated violations of a College-issued “no contact” order are a violation of this Policy and may result in additional disciplinary charges and disciplinary sanctions.

Depending on the nature of the problem, possible supports and remedies for the parties involved, may include depending on availability and resources, but are not limited to: ensuring the complainant and the accused do not attend the same classes, live in the same residence halls, or eat at the same time in the same dining halls; provide academic, counseling, or medical services; and arrange for the parties to retake or withdraw from a course without penalty.

In some misconduct casesmediation may be an appropriate interim measures. However, in cases that involve a potential sexual assault or other forms of sexual violence or intimidation, domestic violence, dating violence, or stalking, mediation is not an appropriate option. Mediation will only be pursued with the consent of both the complainant and the accused. At any time during the mediation process the complainant may stop the mediation and the matter will proceed to a formal investigation and hearing phase.

Both the accused and the complainant will be updated throughout the investigation process. At the close of an investigation, the Title IX Coordinator or her designee with prepare an Investigation Report detailing the content of interviews and the evidence gathered. Both parties will be provided access to the Investigation Report and be given an opportunity to correct any inaccuracies that they believe exist.

Once the investigation is complete the matter will then proceed to a hearing before a hearing officer designated by the College in order to determine whether the accused is responsible, in whole or in part, for the alleged misconduct. The hearing officer will make this assessment based on a preponderance of the evidence. The Title IX Coordinator will forward the Investigation Report to the hearing officer for his or her review. The parties will be notified in writing of the date, time, and location of the hearing. Both parties are encouraged to attend the hearing. Arrangements can be made for a party to appear at the hearing by video or audio conference.

Formal Hearing

The accused and the complainant will receive advance written or electronic notice of the date, time, and location of any hearing they are required to or are eligible to attend. The accused and the complainant have the right to challenge the choice of hearing officer if the appointment of a specific hearing officer creates a real or perceived conflict of interest. The Hearing Officer will be chosen based on the parties involved and the nature of the allegations.

Each party will have an opportunity to submit further evidence prior to the hearing and will be afforded the opportunity to review this additional evidence before the start of the hearing. Both parties will be notified before the hearing of the possible sanctions. At the hearing both parties will have the opportunity to present witnesses and testimony, where appropriate.

The parties may not directly question each other, or any witnesses, although they may proffer in writing, prior to or during the hearing, questions for the Hearing Officer or panel to direct at the other party, or witness. The hearing officer or panel may choose that their discretion to pose the requested or other appropriate and relevant questions to the parties, or witnesses. The Hearing will offer an opportunity for the parties to make brief opening statements, call witnesses, respond to questions of the Hearing Officer or Panel, and make a brief final statement before the close of the hearing. Witnesses and advisors must be submitted to the Hearing Officer, or Hearing Panel Chair no later than forty-eight hours prior to the Hearing.

The burden of proof will not be solely on any one party. Should the accused fail to attend the hearing, the hearing may continue in the accused’s absence.

The hearing officer will make a determination based on the preponderance of the evidence, which means he or she will determine whether it is reasonable to conclude, based on the evidence available, that it is more likely than not that the alleged conduct occurred. Both parties may bring an advisor or support person of choice with them to the hearing, and during any phase of proceeding discussed in this Policy. Advisors/support persons are not be allowed to participate in the hearing process itself. Advisors/support persons may speak privately with the advisee during the proceedings, but are not otherwise allowed to participate in the hearing process itself.

The complainant and the accused will simultaneously be notified in writing of the hearing officer’s determination and any sanction imposed. After the hearing, but before the hearing officer delivers his/her written determination of responsibility and sanction, if any, the parties will have the opportunity to submit an impact statement for the hearing officer’s consideration with regard to sanction. Both parties will be given written notice of the outcome of the hearing, including the determination made as a result of the hearing, rationale for the decision and any sanctions issued as a result of a finding of responsibility.

Sanctions

Appropriate disciplinary sanctions will be determined according to the parties involved and the severity and/or duration of the conduct. Possible sanctions include exclusion from certain College buildings, classes, residence halls, and College events; suspension, expulsions, and/or discharge from employment or enrollment. Individuals doing business at the College or third party vendors found to be in violation of this policy may be banned from the College and the College will notify their respective employers of all charges and disciplinary outcomes. Visitors may be banned from the College. Possible sanctions for gender-based misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, and stalking are suspension, termination of employment, and expulsion.

Resolution and Appeal

Both the complainant and the accused have the right to appeal the outcome of the hearing officer’s determination of responsibility and/or sanction. An appeal may be made in only certain limited circumstances, as follows: (1) a party believes a procedural error substantially impacted the original finding or sanction; (2) a party has substantial new evidence that was not available during the investigation or hearing and which would substantially impact the original finding or sanction; or (3) a party feels that the sanction is substantially outside the scope or guidelines set by the Manhattan College Community Standards and Student and Faculty Code of Conduct.

Requests for an appeal must be made in writing, include the grounds for appeal, and be received by the Title IX Coordinator within 5 business days of receipt of notification of the hearing officer’s decision.

Appeals of the hearing officer/panel/administrator’s decision will be heard by an Appeal Panel. The Appeal Panel will be comprised of individuals that are fair and impartial and will not include individuals with a conflict of interest. All appellate decisions are final. Both parties will be informed of the outcome of any appeal.

* Notwithstanding the foregoing procedures, findings and recommendations for sanction concerning faculty and represented employees will be further subject to the provisions of the appropriate collective bargaining agreement or the faculty handbook/policy.

Remedies

Depending on the nature of the allegations, possible supports and remedies for the complainant that could be implemented during an investigation/hearing/appeal as well as after its conclusion, may include, but are not limited to: providing an escort to ensure that the complainant feels safe traveling between work, school, and home; ensuring the complainant and the accused do not attend the same classes, live in the same residence halls, or eat in the same dining halls; providing academic, counseling, or medical services; and arranging for the complainant to retake or withdraw from a course without penalty.

Transcript Notations

Students suspended or expelled for committing an act of sexual assault, domestic violence, dating violence, stalking or a “violent crime,” as defined by the Clery Act,[1] will have a notation placed on their transcript as follows: “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” The College will consider requests to remove transcript notations. A transcript notation will not be removed prior to one year after conclusion of the suspension. Expulsion notations will not be removed in any case. Appeals seeking removal of a transcript notation may be addressed to the Title IX Coordinator. If a finding of responsibility is vacated for any reason, a corresponding transcript notation will be removed.

If an accused student withdraws from the College while charges are pending and declines to complete the disciplinary process the following notation will be placed on his/her transcript: “withdrew with conduct charges pending.”

Timeframe

Generally the investigation and resolution process will take 60 days. However, that timeframe may be reasonably amended on a case by case basis depending on the time of year, the nature of the allegations, the parties involved, or as may be necessary to ensure a thorough and fair investigation of the allegations.

Corrective Action

The College will make all reasonable efforts to ensure that future harassment, discrimination, and misconduct does not occur and that the parties and those who participated in the investigation and hearing process do not experience any form of retaliation. The College will also take appropriate steps to address the discriminatory effects of the misconduct including offering training programs, presentations that address issues of sex discrimination, sexual harassment and gender-based misconduct, as well as counseling services and academic support.

If you experience subsequent harassing, discriminatory, threatening or retaliatory conduct, you should immediately report it to the Title IX Coordinator. Someone from the College will follow up with both parties after the resolution of the matter to determine whether there have been any new or recurring misconduct.

Should a complainant or any other individual experience continuing, additional or new forms of discrimination, harassment, misconduct, or retaliation he or she should immediately inform the Title IX Coordinator or one of her designees listed on the College website.

In an emergency, please call:911 or the College Public Safety Office at 718-862-7333 (24/7).

Appendix A

Alcohol and/or Drug Use Amnesty

The health and safety of every student at the College is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to a College official or law enforcement will not be subject to a Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

The College will provide students with the resources to respond to high risk drinking and other drug abuse. In a crisis, students are encouraged to seek assistance by contacting the Public Safety Department at 718-862-7333 or the College’s Counseling Center at 718-862-7394.

Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from Manhattan College.

Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.

Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available.

Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.

Describe the incident to as few Manhattan College representatives as practicable and not to be required to unnecessarily repeat a description of the incident.

Be free from retaliation by the Manhattan College, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.

Access to at least one level of appeal of a determination.

Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.

Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

IV. Residence Life Community Standards and Code of Conduct

A. Quiet Hours

Courtesy hours are in effect 24 hours a day, 7 days a week. This means that music, conversation, TV volumes and all other noise should be respectful of community living.

Quiet hours are from Sunday through Thursday, 11:00 p.m. to 8:00 a.m. and on Friday and Saturday from midnight to 8:00 a.m. This means that music, conversation, TV volumes and all other noise should not emanate beyond one’s room.

Standard Minimum Sanctions May Result In

Reprimand. Chronic violations of quiet hours can lead to suspension from residence halls.

B. Manhattan College Student and Guest Visiting Policy

The guest policy provides resident students the opportunity to have friends visit while respecting the rights of roommates and suitemates to a studious atmosphere. There are designated times during the year when guest privileges are restricted. Residents should speak to their RA or RD if a visitor or guest is infringing on their right to a comfortable living environment.

MC Student Policy: Manhattan College students may enter any residence hall from 8:00 a.m. until midnight with a valid Manhattan College student ID that will be shown to Public Safety personnel. From midnight until 8:00 a.m., a student who wishes to enter a building in which they do not reside, will be signed into that building by a resident. The building resident (host) whom the student is visiting meets the student at the lobby of the building and signs the visitor into the building. Residents may host up to two visitors at any one time.

Guest Policy: A guest is any non-Manhattan College person who comes to campus to visit a Manhattan College resident. A guest is either a “day” guest or an “overnight” guest and is to be no younger than 17 years of age.

Day Guest: A day guest meets the resident student in the lobby before entering the building and registers with the building’s Public Safety or with the residence life staff on duty. The host signs in the guest, who leaves a photo identification card with Public Safety or the residence life staffer, and the host signs his/her name. When they leave the building, the guest takes his/her ID and hands it in again if he/she reenters the building. Residents are responsible for their guests for the duration of the visit. Residents may host up to two visitors at any one time. A day guest is required to leave the building no later than midnight. No day guests are allowed in the residence halls starting with the last day of classes and through the remainder of the exam schedule.

Standard Minimum Sanctions May Result In

If a day guest leaves after midnight, the MC resident will have a progressive fine charged to his/her account: $20 for the first violation with cumulative $10 increments for the next two violations. After a $40 fine at the third violation, the resident will lose guest privileges for a length of time, depending upon factors at the time of the violation.

Resident may also face reprimand and other sanctions.

Overnight Guest: Residents may have an overnight guest for up to two consecutive nights and three consecutive days, leaving no later than noon on the day the guest pass expires, otherwise the ID will be forwarded to the Public Safety office in Jasper Hall. Residents may host guests for up to 6 nights per month at two day intervals, and no more than 2 guests at any given time. The resident who plans to have an overnight guest is expected to provide the courtesy of a discussion with one’s roommate(s) prior to having an overnight guest. The resident must accompany their guest at all times on campus and is responsible for the guest’s behavior while on campus.

The resident must complete a guest pass and get approval from one’s resident director at least 24 hours in advance of the visit. Once approved, the resident or guest must carry the approved guest pass with him/her at all times. The guest leaves a photo ID with Public Safety or the residence life staff on duty in the residence hall each time they enter the residence hall and claim it each time they leave.

A host of the same gender is required when a guest of the opposite gender is visiting overnight. Opposite genders may not reside in the same room overnight.

Overnight guests may not visit during the first two weekends of the first semester, the first full weekend of the second semester, during winter intersession, spring break, the final exam period (starting on the last day of classes), and during holiday periods.

Standard Minimum Sanctions May Result In

Violation of this policy can result in a variety of sanctions from reprimand up to and including residence hall probation or suspension.

C. Physical Plant Violations

Any tampering with physical plant including but not limited to the following: Throwing and/or causing objects or substances out of, into or onto residence hall windows, doors, balconies or other such areas; the alteration or removal of College-provided devices and furnishings from the residence halls, including room, lounge or public area furniture or amenities; unauthorized lock installations on any residence hall doors or spaces; displaying unauthorized banners or advertisements from residence hall windows; tampering with or removal of window screens or window guards; unapproved alterations to one’s room or any space in a residence hall, including painting.

Standard Minimum Sanctions May Result In

Each of these could result in reprimand, restitution and/or fines.

D. Residence Hall Procedures for Orderly Environment

Contributing to the illegal/unauthorized entry of another into the residence hall, including the unauthorized use of the Overlook garage and fire escapes and balconies; unauthorized room changes; failure to complete the check-in or checkout process properly (see Residence Life office and/or College website for detailed policies); creating an uninviting room atmosphere that forces a roommate to move out of the assigned room; failure to maintain healthy standards of personal hygiene and/or room cleanliness to the extent that it interferes with the general comfort, safety or welfare of one’s roommate(s) or the residence hall community; improper or lack of disposing of refuse in proper waste containers, or failure to comply with recycling guidelines, including empty cans, bottles or food containers.

Standard Minimum Sanctions May Result In

Restitution and/or Reprimand, up to and including housing suspension depending on severity of incident

E. Standard Prohibitions in Residence Halls

Any item that could cause physical injury, including but not limited to dart boards and paintballs; operating a business/commercial enterprise from a residence hall room; unauthorized solicitation, recruitment for membership, subscription, polling, posting, canvassing by students or non-College individuals, nonregistered groups or organizations in the residence halls; entry to residence hall roof areas and fire escapes, except when required in an emergency; creating/contributing to an unsafe condition within the residence halls; playing or participating in sports or other recreational activity within the residence hall rooms, hallways, common areas or any area not designated for physical recreation; having animals or pets in the residence halls, except for fish in an aquarium of 20 or fewer gallons; objectionable advertisement in residence hall windows facing outward.

Standard Minimum Sanctions May Result In

Reprimand, up to and including residence hall probation and/or suspension. Possible suspension or expulsion from the College.

F. Overlook Manor Balcony Policy

Assignment to an Overlook Manor apartment with a balcony is a privilege and responsibility. All furniture and students must be off of the balcony by 10:00p.m., daily. Smoking, consuming alcohol, throwing items or yelling from the balcony is never permitted and will result in disciplinary sanctions.

Standard Minimum Sanctions May Result In

Permanent locking of the balcony, fines and/or Residence Probation

G. Room/Apartment Key and Combination Policy

The College supplies keys for some of its residence halls. Students who are issued keys are responsible for their safekeeping. Because the key is one means to keep residence halls secure, it is important that they not be lost. Any duplication of residence hall keys is prohibited.

Some residence halls have room combinations. Residents should keep these combinations private for safety purposes. Unauthorized use of room keys and door combinations is prohibited (see General Student Code of Conduct Issues) and will result in disciplinary action.

In cases where keys or room combinations need to be replaced, students living in Overlook Manor will be charged $75 for core replacement and $5 for each key. Students living in other residence halls will be charged $25 for door combination changes. In both cases, all students in the room/suite/apartment will be charged.

All keys must be returned at checkout time, even if a student plans to return to the same room in the following year. Students who fail to return their keys at checkout will be assessed a fine to cover the cost of replacing the lock ($75) plus $5 per key that consequently needs to be replaced.

V. Off- Campus Conduct Policy

A. Good Neighbor Policy & Residency Requirements

The Good Neighbor Policy is to set community standards of behavior for Manhattan College students residing and participating in events both on and off campus. Manhattan College is located within an urban environment surrounded by several residential neighborhoods. Guidelines for off-campus conduct have been established in order to uphold standards of behavior consistent with the community standards of behavior for Manhattan College students. This policy applies to, but is not limited to, use of non-College residences, public transportation, parks, sporting events and recreation venues, other schools, retail establishments and municipal parking regulations.

Policy: In keeping with the Lasallian tradition of respect for the dignity of each individual, Manhattan College requires all students to act in a manner that is civil, safe, and respectful at all times. Manhattan College students are expected to uphold these community standards both on and off campus. All students are accountable for behavior that adversely impacts the Manhattan College community or the community at large. Adverse impact includes, but is not limited to, any behavior considered disruptive to the surrounding community and its constituents.

Expectations: Manhattan College students are expected to uphold these community standards as exemplary citizens. All students are expected to respect the rights of others while accepting the responsibilities as well as the benefits of good citizenship. The College shall arrange forums at the beginning of each academic year for students living in residence halls and for those living in non-College housing.

Procedures for Residency Records: Students living off campus are required to notify the Registrar’s Office of their local address. Failure to notify the Registrar’s Office may result in the student’s inability to register for classes, or to receive other College privileges such as use of the library, the Jasper Dining Card, dining services, or computer labs.

Disorderly Conduct: Excessive noise, public indecency, and/or other behavior which infringes on the rights of neighbors.

Standard Minimum Sanctions May Result In

First time offenders may be subject to fines up to and including $500.00 per student, disciplinary probation and/or community service.

Second time offenders will be subject to fines up to and including $750.00 per student, designation as a Nuisance Residence, and/or possible suspension from the College.

Chronic Offenders (three or more offenses per academic year) may be subject to fines up to and including $1500.00 and/or Suspension/Expulsion from the College.

Definition of a Nuisance Residence: Any off-campus apartment, house, or other dwelling where there have been repeated complaints about disruptive behavior may be designated as a “Nuisance Residence”. Repeated complaints can be documented in a number of ways such as,neighbor complaints, reports to 311, reports to 911, police reports, police response to off campus housing, or reports of the same to Public Safety. Once a dwelling has been designated a “Nuisance Residence”, Manhattan College students will be prohibited from living at that residence for a designated length of time. The College will also notify the landlord of policy violations.

Definition of Adverse Impact Behavior: Adverse Impact Behavior refers to behavior in the community that hinders local community members from living in a civil, safe, and peaceful manner.

VI. Disciplinary Sanctions

A. Disciplinary Sanctions

When it has been determined that a student has violated the College Code of Conduct or any other College rule, a sanction or combination of sanctions may be imposed. Possible sanctions are as follows:

Reprimand: The student is warned that further misconduct may result in more severe disciplinary action. It is recorded in the office of the Dean of Students, but not reflected on academic records or the College transcript. This is a sanction which is available for some first timeoffenses and in offenses where there is great educational value in the student participating in the disciplinary process. Administrators will use this when they view the participation in the disciplinary process as a likely deterrent from future behavior that violates College policy.

Restitution and/or Fines: The student is required to make payment to the College or to other persons, groups or organizations for damages and/or punitive sanctions incurred as a result of the violation. To honor Manhattan College Lasallian tradition, sanction money may be allocated to a designated charity and/or student life educational programming when it is not used to replace damages caused by a student.

Community Service: Students may be subject to mandatory service projects. This sanction may be utilized in situation where students have been a negative influencing factor in the community so they can give back to a community to restore it to its status quo. It is also utilized to encourage students who have been negatively engaged to foster positive relationships on campus.

Educational Programs: Students may be required to successfully complete or attend an educational program. Examples include, but are not limited to lectures, research projects and online educational programs. This sanction is based in the Lasallian tradition of promoting education and to help individuals become both more aware of themselves as well as the impact they have on their community.

Revocation of Privileges: A student may be subject to losing a privilege on campus due to the abuse of that privilege. For example, a student may lose the privileges of visitation of the residence halls or guest privileges in the residence halls or on campus. In addition, students may lose use of exercise equipment, student life activities, gymnasium, etc. The student may be subject to loss of privileges at other sites or events on campus or at College activities off campus. It is recorded in the office of the Dean of Students but not reflected on academic records or the College transcript.

Mandatory Referral: A student may be referred to counseling, anger management and/or training. When a student is referred to the Counseling Center for an intake session, the information from the session will remain confidential. The Counselor will only report back to the hearing administrator whether the student complied with the sanction and attended the session.

Other Sanctions: Should a student violate a policy and there is a beneficial alternative option for sanctioning than those listed in the Community Standards and Student Code of Conduct, the hearing administrator may submit a request in writing to the Dean of Students for an alternative sanction. If the Dean of Students or the Dean’s designee determines the alternative sanction would benefit both the student and the College while being comparative to listed forms of sanction, the alternative sanction may be applied.

Sanction for Groups: Groups are liable for the same sanctions as individuals. A group may be reprimanded, required to pay for damages incurred or placed on probation and, thereby, denied the right to sponsor any social function on campus for a stated period of time. In addition, a group may be suspended until conditions established at the time of suspension are fulfilled.

Residence Probation: The student is subject to expulsion or suspension from the residence halls if any further violations of the College policy or law occur. The student may lose the privilege of participating in the room selection process and may also be subject to loss of visitation privileges. It is recorded in the Office of the Dean of Students but not reflected on academic records or the College transcript. Parent/guardian notification may occur.

Expulsion or Suspension from the Residence Halls: The student shall lose the privilege of living in the residence halls permanently or for a specified amount of time. The student is also prohibited from visiting the residence halls. Conditions for re-admission into the residence halls will be established at the time of suspension. It is recorded in the student’s file in the Office of the Dean of Students but is not reflected on academic records or the College transcript. Parent/guardian notification may occur.

Disciplinary Probation: The student shall not represent the College in any extracurricular or co-curricular activity or run for or hold office in any student group or organization. If deemed appropriate, the student may also be barred from all extracurricular activities or be allowed on College property only to the extent that class schedule or residence on campus requires. It is recorded in the student’s file in the office of the Dean of Students but is not reflected on academic records or the College transcript. Parent/guardian notification may occur. Additional restrictions or conditions, such as fines, may also be imposed. Violation of any of the terms of Disciplinary Probation subjects a student to immediate suspension or dismissal.

Suspension from College: Separating the student from the College for a specified period of time when a student has committed a serious or repeated violation of a College policy, rule or regulation, or when the College makes a determination that: (i) the student’s continued presence on campus disrupts the conduct of regular College functions and activities; (ii) the student’s continued presence on campus may pose a risk, threat or danger to the student or others; or (iii) the student fails to comply with significant College directions or regulations. Suspension can also be appropriate in situations where one of these factors is not evident. Appropriate faculty, administrators, and College offices will be informed of the terms of a student’s suspension. If deemed appropriate, and consistent with the law, parents or guardians will be advised of the suspension. During a period of suspension, a student may not continue to participate in academic programs or classes, may not be on property contiguous to campus and may not attend College-related events without written permission from the Dean of Students. It is recorded in the student’s file in the Office of the Dean of Students but is not reflected in academic records or on the College transcript. A student who is suspended will have to comply with all conditions established by the College for readmission at the completion of the suspension.*

Expulsion: Permanent separation of the student from the College is given in extremely serious or repetitive cases of misconduct and/or violation of the laws. An expelled student may not enroll in the College at any future date. Expelled students must also seek authorization from the Office of Public Safety to fulfill any appointments on campus. It is recorded in the student’s file in the Office of the Dean of Students, on the academic record and the College transcript. A letter is sent to the Dean of the student’s school and to the parent or guardian.*

*Students who engage in behavior which is so detrimental to the campus community that they must lose their right to housing, be suspended from the College, or be expelled from the College, are not subject to reimbursement for money paid for the semester in accordance with Title IV federal guidelines.

VII. Judicial Process, Procedures, and Adjudicating Bodies

A. Violation and Complaint Procedures

Typically Student Code of Conduct violations and complaints are processed in the following manner:

Reporting an Incident: All members of the Manhattan College Community are encouraged to report any conduct unbecoming the Lasallian Catholic character of the school or in violation of the Student Code of Conduct. Please contact any staff or administrator for assistance in generating a report. In an emergency, contact Public Safety immediately at 718-862-7333.

Preliminary Investigation and Report: A preliminary investigation of an incident or complaint may be conducted by either Residence Life or Public Safety staff or jointly by both departments. For commuter students, Public Safety, the Coordinator for Judicial Affairs and/or the Dean of Students may conduct the investigation. Interviews may be conducted, evidence collected, unauthorized items confiscated and photos taken for review by Public Safety. Violations of law may result in immediate police intervention.

Incident and Complaint Review: All reports and complaints are then reviewed by Public Safety, the Dean of Students, and/or the Dean of Students designee (i.e. Residence Life staff) in a timely fashion. A final report is then prepared by Public Safety, reflecting both Residence Life, when applicable, and Public Safety department findings and recommendations. A final report may be delayed pending a further investigation by Public Safety administrators, including but not limited to additional interviews and closed circuit TV footage review.

Judicial and Counseling Referrals: Based on the nature of the violation or complaint, Public Safety typically makes a referral to the Dean of Students office. From that point, depending on the nature of the incident, there can be referral to the Counseling Center in addition to a judicial review. Referral to the counselingcenter is not a punishment; rather, this is a key area for appropriate, developmental educational intervention.

B. Judicial Process and Procedures

The judicial process is utilized when it is possible that a student has violated the Student Code of Conduct, College policy or procedure, or violation of law. Administrators of the judicial process reserve the right, with the approval of the Dean of Students, to conduct mediation in certain circumstances when it may be more beneficial for the students involved. The Judicial Process may be conducted through any of the following procedures, as is determined appropriate by the Dean of Students or his/her designee: Disciplinary authority is vested in the Dean of Students. The standard for disciplinary decision-making is based on a preponderance of the evidence.

Hearing and Findings: Once the incident report has been referred to the Dean of Students by Public Safety or Residence Life staff, the Dean of Students will determine the hearing administrator, as warranted by the severity of violation(s). The Dean of Students may also act as hearing administrator. The hearing administrator will review the case as well as all information, reports and evidence that have been developed during the investigation and thereafter meet with the student to discuss the incident. At the hearing, the student will be provided with a description of the incident and the alleged violation(s) and will be given an opportunity to take responsibility for the violation(s). The hearing administrator is charged with determining responsibility based on a preponderance of the evidence. The student will be informed of the potential sanctions by the hearing administrator. These sanctions will coincide with the standard sanction guidelines. Should a student fail to attend the hearing, the hearing administrator may adjudicate the case in absentia. A violation may be dismissed at any time. The College reserves the right to initiate immediate interim restrictions depending on severity of violation(s). This includes, but is not limited to actions such as temporary or permanent administrative housing reassignment, suspension from housing, suspension from classes, no-contact orders, etc.

Requests for Appeals: Requests for appeals must be made within three (3) business days of notification of the original decision. All appeal requests must be made in writing and should be submitted electronically to judicial.appeals@manhattan.edu. If a request for appeal is granted, it will be distributed to the appropriate appellate officer or panel. The College calendar may dictate the time frame of the appeal. All appellate decisions are final.

Guidelines for Appeals

One appeal per violation hearing will be permitted and must meet one or more of the following grounds for appeal:

The student asserts a procedural error that substantially impacted the original finding or sanction(s);

New evidence, unavailable during the original hearing or investigation, has arisen that substantially impacted the original finding or sanction(s);

The sanction(s) that were imposed are substantially outside the parameters or guidelines set by the Manhattan College Community Standards and Student Code of Conduct.

If a request for an appeal is granted, it will be directed to the appropriate appellate officer or panel.

Appellate Officer/Panel Outcomes

The appellate officer or panel, upon review of the case, may:

Affirm the decision rendered in the original hearing;

Reassign the case or remand it to the original hearing officer or panel with instructions to correct procedural error;

Remand the case to the original hearing officer or panel with recommendation to consider new evidence;

Remand the case to the original hearing officer or panel for reconsideration of sanction(s).

C. Adjudication Bodies

1. The Student Court

a.) Authority: Student Court has the authority to hear cases involving alleged violations of Student Government regulations, College regulations, and Student Code of Conduct within its jurisdiction, as referred by the Dean of Students or his/her designee. It also adjudicates appeals of campus traffic tickets.

b.) Membership: The Court is composed of a Chief Justice and Associate Justices that are appointed by Student Government.

c.) Sanctioning Ability: See Student Court Procedures. The Student Court has the authority to apply any sanction outlined in the Community Standards and Student Code of Conduct from Sanction #1 through Sanction #8.

2. The College Judiciary Council

a.) Authority: The College Judiciary Council has the authority to hear cases of appeal from decisions made by the Dean of Students. This body will hear cases of appeal dealing with probation, suspension, or expulsion. The College Judiciary Council will hear cases of appeal based upon the hearing record and the decision and rationale of the Dean of Students. The Dean of Students also may also convene a Dean’s Board of judicially trained faculty and administrators to address serious cases of alleged misconduct. This board consists of four administrators or faculty members depending upon availability. Three board members including the Dean of Students will constitute a quorum.

b.) Membership: The council is comprised of three faculty members, two students and a non-voting administrator. Each board is appointed by the Vice President for Student Life from a pool of trained faculty, students, and administrators. The council will be chosen from the standing pool, trained specifically in higher education code of conduct issues. They will be empaneled for a minimum of one academic year. The Council will also have an assigned secretary to record proceedings.

c.) Sanctioning Ability: The College Judiciary Council may apply any sanction as outlined in the Community Standards and Student Code of Conduct.

3. The Dean of Students and the Dean of Students Board

a.) Authority: The Dean of Students is the Chief Judicial Officer and has the authority to hear any cases of alleged violation of Community Standards and Student Code of Conduct.

b.) Membership: The Dean of Students reserves the right to make decisions on any judicial issues.

The Dean of Students also may also convene a Dean’s Board of judicially trained faculty and administrators to address serious cases of alleged misconduct. This board consists of four administrators or faculty members depending upon availability. Three board members including the Dean of Students will constitute a quorum.

c.) Sanctioning Ability: The Dean of Students may apply any sanction as outlined in the Community Standards and Student Code of Conduct.

D. Student Rights in Hearings

The following procedural rights are provided to accused students in hearings administered by the Dean of Students, the College Judiciary Council or Student Court or any other hearing administrator:

Notice of specific violations and potential sanctions

Access to evidence will be supplied in advance

Opportunity to respond to the evidence and to call up to and including one corroborating and two character witnesses

An advisor from the Manhattan College Community who may not speak for the accused and may not be an attorney

The student may submit a supplemental explanation in writing to his/her hearing administrator. The student may also decline to make any statement without it being used against him/her. The student also has the right to actively participate in the discussion to best communicate his/her role in the documented incident.

Student’s parents/guardians or attorney(s) are not allowed to attend board hearings.

The Department's final draft regulation, presented at the third and last session, simplified the proposed definition of “advisor” in § 668.46(k)(3)(ii) by defining the term to mean an individual who provides the accuser or accused support, guidance, or advice. The Department's draft language moved substantive provisions from the prior definition of “advisor” into a new § 668.46(k)(2)(iv) to provide that an institution may not limit the choice of advisor for either the accuser or the accused; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties. This change was intended to separate the definition of the term “advisor” from the role the advisor plays in a disciplinary hearing. At the outset of the discussion of this issue, the Department made clear that its interpretation of the statutory language was that the accused and the accuser are entitled to an advisor of their choice, including an attorney. One non-Federal negotiator suggested that the Department add language to new § 668.46(k)(2)(iv) to bar an institution from limiting the choice or presence of an advisor for either the accuser or the accused to make it clear that both parties in the proceeding are entitled to be accompanied by an advisor. Other non-Federal negotiators felt this was redundant given that § 668.46(k)(2)(iii) states that the accuser and the accused have the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The non-Federal negotiators expressed strong concerns on both sides of this issue. Several non-Federal negotiators characterized the restriction on an institution's ability to limit the choice of an advisor as a significant change that would create a serious burden on institutions while others characterized the requirement as a long-overdue protection for victims of sexual violence. Ultimately, the negotiators agreed to the language in proposed § 668.46(k)(2)(iii), which would provide that the institution cannot limit the choice or presence of advisor for either the accuser or the accused in any meeting or institutional disciplinary proceeding. However, proposed § 668.46(k)(2)(iv) would allow institutions to establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties. We note that the proposed definition of “advisor” to mean someone who provides the accuser or accused support, guidance, or advice is not intended to include individuals acting as interpreters or translators. For example, a victim with limited English proficiency involved in a campus disciplinary proceeding who requires an interpreter to understand the proceedings would still be entitled to bring an advisor of their choice.

E. Jurisdiction

The College may adjudicate all violations of the Student Code of Conduct and College policy violations on or off campus at all times. Students are accountable to both civil authorities and to the College for acts that constitute violations of law and of the Student Code of Conduct. Disciplinary action at the College will proceed independent of criminal/civil proceedings and cannot be challenged on the basis of legal proceedings.

F. Parental Notification­­

In 1974, Congress adopted the Family Educational Rights and Privacy Act (FERPA), known as the Buckley Amendment, which affords students federally protected rights to privacy. Recent amendments to the Family Educational Rights and Privacy Act allow the College to notify parents if students are involved in alcohol or drug-related incidents.

VIII. Academic Policies

Students should be aware that the information in this section reflects the official statements of academic policies and procedures as published in the Manhattan College Catalog. Highlights are included here for the convenience of students. Students are expected to be familiar with all academic policies.

A. Academic Integrity1

The mission of Manhattan College is to provide a contemporary, person-centered educational experience characterized by high academic standards, reflection on faith, values and ethics and lifelong career preparation. In keeping with this mission, Manhattan College has devoted itself to fostering a climate of academic trust and integrity, so that our students master their disciplines through their own hard work and manifest their respect for their own work and the work of others through openness and honesty. Our students accept the Academic Code of Honor and pledge that they will not cheat, lie or steal or tolerate others who do. Academic integrity is at the heart of the Manhattan College learning experience.

Academic integrity means that every member of the academic community accepts the responsibility to be honest, truthful, ethical and accountable for all intellectual efforts, for all access to and presentation of data, facts, information and opinions, and for all access to and use of data or other files (printed, oral, audio, video or digital) related in any way to students, faculty, staff or administration. In addition, every member of the Manhattan College community must understand what can constitute violations of academic integrity, what are the consequences in terms of penalties and by what process penalties are imposed.

B. Violations of Academic Integrity

Part A - Academic Dishonesty

Academic dishonesty takes a variety of forms, including but not limited to cheating, plagiarism, and fabrication.

Cheating: Cheating is “an act of deception by which a student misrepresents his or her mastery of material on a test or any other academic exercise.” 2 Examples of cheating include, but are not limited to:

Copying from another’s homework, examination, test or quiz, or from any unauthorized materials, such as texts or notebooks, or from handwritten or printed material in any medium inscribed on any surface.

Providing, using or attempting to use any technological means (e.g., PDAs, cell phones, wireless transceivers, unauthorized calculators or computers) to misrepresent one’s mastery.

Collaborating to transfer information without permission

Using or attempting to use any unauthorized assistance-written, oral or nonverbal-during an examination, test or quiz

Changing examination, test or quiz answers after a test is graded and returned and then claiming that the instructor misgraded the examination

Plagiarism: Plagiarism (from the Latin “to kidnap”) “occurs when a person represents someone else’s words, ideas, phrases, sentences,” 3 graphs or charts, order of ideas, or other data as one’s own work, deliberately or not. To prevent any allegation of plagiarism, one must present the source or sources of all such information through the citation, that is, the complete, accurate and specific reference in a format specified by the professor or appropriate to the discipline. All statements quoted word-for-word must be acknowledged by placing the exact words of the source in quotation marks, along with the appropriate citation. All paraphrased statements must be acknowledged by use of the appropriate citation immediately following the material paraphrased. Examples of plagiarism include, but are not limited to:

Quoting another person’s words directly without acknowledging (citing) the source in the format required by the professor or appropriate to the discipline- even if quotation marks are used.

Using another person’s words verbatim without using quotation marks, whether the words are cited properly or not

Using another’s ideas, opinions or theories without acknowledging the source -even if they have been completely paraphrased (that is, even if any of the words of the source have been put into one’s own words)

Using facts, statistics or other illustrative material taken from a source, without acknowledging (citing) the source, unless the information is common knowledge

Submitting a computer program as original work that duplicates, in whole or in part, the work of another, except for the limited, permitted use by the instructor of someone else’s code as part of the submitted program (e.g., a standard subroutine)

Submitting as one’s own any project, paper, report, test, program design or speech that has been copied from, partially copied from, paraphrased from or partially paraphrased from the work of another (whether the source is in printed form, in manuscript form or in audio, video or digital format)

Fabrication: Fabrication involves “the deliberate use of invented information” or sources or “the falsification of research or other findings with the intent to deceive.” 4 Examples of fabrication include, but are not limited to:

Using information not taken from the source indicated

Listing sources not used in the paper or project

Inventing or falsifying data or source information in any work submitted for review or for grading

Submitting as one’s own any work prepared in whole or in part by others

Part B - Academic Misconduct 5

Academic misconduct covers a broad range of actions and involves violations of academic integrity on a larger scale, frequently combined with blatantly illegal acts. Examples of academic misconduct include, but are not limited to:

Changing or falsifying a grade report, grade form, transcript or diploma, or assisting another to do so. Entering any College office or building or accessing a computer to change or falsify a grade report, grade form, registration form, transcript or diploma, or assisting another to do so

Possessing or obtaining, or attempting to possess or obtain, through any means, all or any part of any unadministered test/examination or previously administered test/examination without the professor’s permission or prior knowledge

Entering any College office or building for the purpose of obtaining an unadministered test/examination or previously administered test/examination without the professor’s permission or prior knowledge

Coercing through threats, force, bribery or any other means any other person to obtain an unadministered test or previously administered test/examination without the professor’s permission or prior knowledge

Taking a test, quiz or examination for another, or permitting another to substitute for oneself in taking a test, quiz or examination

Lying about or submitting falsified documents related to absences or to a need for special accommodations

Accessing computer accounts without authorization or misusing or damaging computer accounts, systems, programs or data without authorization, or creating illegal accounts, changing files or securing passwords illegally or reading e-mail without the express consent of the addressee

Accessing or attempting to access Social Security numbers or other restricted personal information

Violating any part of the College’s Responsible Use of Computing and Information Services policy

Assisting another to cheat, plagiarize or fabricate, or to perform any act of academic misconduct

C. Reporting Allegations of Violations of Part A and B

Reporting Allegations of Violations of Part A

Academic Dishonesty (cheating, plagiarism and/or fabrication) are to be reported using the procedures outlined below:

1. Faculty shall report in writing to the appropriate academic dean an alleged incident of academic dishonesty as defined in the policy on Academic Integrity.

If the faculty member believes that the student has plagiarized due to minor violations, the faculty member will issue a written minor violation warning to the student. In addition, the faculty member shall report the warning through the reporting facility for academic integrity violations in the College’s Self Service. Such violations may include citation format mistakes, minor issues paraphrasing sources, failure to place a small portion of a quotation in quotation marks, or failure to cite paraphrased and other borrowed materials at the appropriate place in the assignment. The report entered in Self Service will automatically be copied to the College’s Center for Academic Success administration and to the student’s dean, who will place the warning in the student’s file. As soon as possible but no later than midterm of the next semester, the student will attend a workshop offered by the Writing Center, which will report such attendance to the student’s dean. In addition, the faculty member may impose an appropriate grade penalty for the plagiarized assignment. If the student does not attend the workshop, the minor violation will automatically become a major violation and be subject to the consequences as described below for major violations.

In all cases of cheating, fabrication, and in other cases of plagiarism, including the failure to place substantial quotations within quotation marks or the failure to cite a source for data, facts, figures, and quotations used in the assignment, the faculty member shall, with sufficient supporting evidence, inform in writing both the student and the dean of the student’s school, who shall initiate an investigation. These types of violations are classified as major violations of Academic Dishonesty.

In the case of a faculty member making the report, if the student is in a different school from the faculty member, then the faculty member shall inform his or her own dean as well. The dean (or deans acting together) shall meet with the student within 10 working days of the receipt of the allegation. If the student acknowledges responsibility to the dean or deans at this meeting, the dean or deans shall apply an appropriate sanction in consultation with the faculty member. If the student denies the charge, then the dean or deans shall review and determine the case. In the case of a split decision between deans, the case shall be brought to the Deans’ Council for determination.

2. All appeals of the dean’s (or deans’) decision must be made in writing within five working days to the Provost. The Provost shall review all materials previously submitted to the dean or deans. Further documentary evidence may be forwarded to the Provost by any party involved if there is new evidence or evidence that what was presented was misleading or misinterpreted.

3. The penalty for a first violation beyond a minor violation warning or for a second minor violation warning shall be “F” or zero on the assignment. A second violation in the same or any other course shall carry the penalty of “F” in the course. If the dean determines that the first violation is significant, including copying or purchasing a paper along with the systematic appropriation of another’s intellectual property, the penalty for a first violation shall carry the penalty of “F” for the course. A third violation in the same or any other course shall also carry the penalty of “F” in the course. In addition, a student who has three violations of the academic dishonesty policy or has on two occasions submitted copied or purchased papers shall be reviewed by his or her dean for possible dismissal from the College. The dean shall review the student’s file and also consult with other academic deans if one or more of the cases occurred in another school. Absent extenuating or mitigating circumstances, the student shall be dismissed from the College, and a record of the reason for the dismissal shall be retained in the student’s permanent file.

4.Students alleged to have committed a violation of the Academic Integrity Policy(Part A - Academic Dishonesty) may not drop or withdraw from the course until a determination has been issued by the dean or deans. If found in violation of the Academic Integrity Policy (Part A -Academic Dishonesty) and the determination is that the student should receive a “F” or zero on the assignment, the student will be permitted to drop or withdraw from the course following the College’s add/drop or withdrawal policies. If found in violation of the Academic Integrity Policy (Part A -Academic Dishonesty) and the determination is that the student fails the course or will be dismissed from the College, the student shall not be permitted to drop or withdraw from the course. If a student is found in violation of the policy and the sanction imposed is an “F” for the course, the student’s transcript shall reflect a letter grade of “F.” An “I” designation shall be entered in the case of an ongoing investigation during the grading period.

5. Grade replacement may not be used to replace a grade assigned as a result of academic dishonesty.

6. The dean of the school in which the student is enrolled shall maintain a record of all cases in which the student is found responsible of violating the academic integrity policy (Part A-Academic Dishonesty). In cases of interschool transfer, this record shall be transferred to the new dean’s office. The dean of the school in which the student is enrolled shall also notify the Dean of Students in all cases in which a student is found responsible for any violations as described above. The Dean of Students retains disciplinary records for a period not to exceed seven years.

Reporting Allegations of Violations of Part B

Allegations of violations of Part B-Academic Misconduct are to be reported using the procedures outlined in the Community Standards and Student Code of Conduct. Any member of the College community may report to the Dean of Students an alleged incident of academic misconduct as defined in the policy on Academic Integrity. The accused student(s) then becomes subject to an investigation and possible subsequent disciplinary action.

The Dean of Students shall hold a preliminary hearing to provide the accused student(s) with the opportunity to discuss the facts and circumstances that led to the report.

If the student acknowledges guilt, the case may proceed to a hearing before the College Judiciary Council to determine the sanction, or be adjudicated by the Dean of Students, as outlined in the Student Code of Conduct. If the student denies guilt, the case shall proceed to a hearing before the College Judiciary Council for a decision and, if appropriate, sanction as outlined in the Student code of Conduct.

Both the accused student and the Dean of Students have the right of written appeal to the Provost within five working days of the notification of the sanction. The appeal process is outlined in the Student Code of Conduct.

D. Registration

Registration for the fall semester takes place in April. Registration for the spring semester takes place in November. The exact dates and times for Web registration are posted on the Manhattan College website and communicated in an e-mail by the Registrar. Students have access to all the information and materials on http://self-service.manhattan.edu and in the directory of course offerings printed by the Registrar’s Office. Students must have their registration forms approved in accordance with the instructions given by each school. Students who have outstanding holds will be ineligible to register on-line.

Drop/add must be made within the first five class days of the new semester and must be made in accordance with the regulations concerning such changes.

E. Course Syllabus and Grading Methods

Instructors are required to provide a syllabus for the course. The syllabus includes all course requirements and a statement of how the final grade will be determined.

F. Attending Classes

Students are required to fulfill all course requirements as detailed in the syllabi for their registered courses. Implicit in these requirements is completion of all course assignments and attendance in all classes.

A student who is absent from class cannot expect the course instructor to provide notes or allow make-up tests, quizzes, or laboratories. The student may incur an appropriate grading penalty for such absences if the penalty was described in the syllabus. Reasonable accommodations for absences are recommended, but are solely at the discretion of the instructor.

If the instructor believes that a student's failure to attend class is substantially affecting a student's course grade, then the instructor is strongly encouraged to report the situation to the dean of the school in which the student is matriculated. The dean will address the situation with the student.

Chronic absence from classes may result in loss of College housing, as full-time registration and active pursuit of a degree are requirements of on-campus housing.

G. Withdrawal from a Course

After the Add/Drop period at the beginning of each semester, students are permitted to withdraw from a course without academic penalty through the twelfth week of the semester.

The Course Withdrawal Form is available in the office of their dean. The student is required to have the form signed by the instructor of the course.

Withdrawing from a course after the Add/Drop period and before the deadline places a "W" for all withdrawals on the transcript for that course. After the withdrawal deadline at the end of the twelfth week, students will receive grades in all remaining courses unless there are extraordinary circumstances (such as severe illness) that merit an exception.

Students should be aware that a pattern of regularly accumulating "W" grades on their transcripts is not good academic practice.

For additional information on withdrawals, students should refer to the Undergraduate Catalog or contact the dean of the school in which they are matriculating.

H. School Closing

Ordinarily, classes will be conducted during inclement weather. When extreme weather or emergency conditions exist, faculty, students and staff may call 718-862-7103 to obtain information about the College closing. Students registered for e2Campus will receive an alert text message to notify of school closing. College policy requires professors to reschedule classes when an excessive number of class days have been canceled due to inclement weather. Please refer to the College website and e2Campus announcements for further information.

I. Final Examinations

To protect students as they complete course requirements and prepare for final examinations, there is a policy that states that there shall be no final examinations in the last week of classes. A student should normally take one final exam on any given day. In some circumstances, he/she may have to take two final exams in one day. If a student has more than two final examinations scheduled for the same day, he/she may ask the instructor(s) to arrange an alternate date. Members of the senior class who have been inducted into the Epsilon Sigma Pi, the College’s academic honor society, may be excused from a final examination at the discretion of the course instructor.

J. Contesting a Course Grade

If a student believes that his/her final grade in a course is not consistent with the grading criteria designated by the course instructor, he/she should first discuss the matter with the course instructor. If the student and the instructor cannot resolve the matter in this discussion, the student may discuss the matter with the department chair. Copies of all graded tests, quizzes and other assignments will be needed.

In the event that the student is not satisfied with the outcome of the discussions with the course instructor and the chair, he/she may make a written request to the chair for a formal consideration of the problem. This request must be submitted within three weeks after the beginning of the semester immediately following the regular fall or spring semester. Included in the request will be an outline of the student’s specific complaints. The chair shall make a detailed investigation and notify the student and course instructor of his/her findings. The student may appeal the findings of the chair to the dean of the school in which the course was offered. The dean will respond to the student in writing and preserve documentation of the process. When the department chair is the course instructor, the student may appeal o the dean of the school in which the course was taught, who will investigate the matter and notify the student and the department chair of his/her findings. Students should be aware that only the course instructor may change a grade.

K. Confidentiality of Student Records

In accordance with FERPA, Manhattan College recognizes the need for a carefully considered policy concerning information that should be part of a student’s permanent record and the conditions of its disclosure. As specifically indicated in the policy statement that follows, the privacy and confidentiality of all student records shall be preserved. Because certain material is necessary for people within the College to function effectively and because such material is therefore guardedly released from absolute confidentiality, members of the administration, the faculty, staff of the College and the students are bound to respect confidential records on students to which they have access in the course of their official capacity. This policy statement is intended to include all departments of the College, though it must be noted that documents from the College’s Public Safety department are not protected by FERPA.

A survey of the types of records kept throughout the College indicates that the following classification can be made:

Official academic records are maintained in the Registrar’s office, which includes documents directly relating to academic progress and the status at the College.

Disciplinary records are maintained in the Office of the Dean of Students and include information about disposition of charges of infractions against College codes of conduct and discipline.

Financial records are kept in the Student Financial Services Office for a period of 7 years after date of separation or graduation.

Medical and health records are maintained in Health Services.

Psychological and counseling records are maintained in the Counseling Center.

Students have a right to know the information contained in their official academic, disciplinary or financial records, and access to such records is limited only by reasonable regulations as to time, place and supervision. When an original document is presented, examination is permitted only under conditions that will prevent its alteration or mutilation.

If a student challenges the accuracy of the official academic record or if the student believes the content is misleading or otherwise in violation of his/her privacy or other or other rights, he/she shall request in writing to the Registrar an explanation as to the content of any such inaccurate, misleading or otherwise inappropriate data contained therein. The student shall be afforded a full hearing and fair opportunity to present evidence relevant to the issues and may be assisted or represented by individuals of his/her choices who are members of the College community. If necessary and wherever possible, the Registrar will correct the record. If there still remains a difference, the student’s written objection(s) will be included in the record and made an official part of the student’s academic record.

In the case of admissions records, letters of recommendation dated after January 1, 1975, may be seen by the student provided that the student has not waived his/her rights to view such documents after admission to the College.

No entry may be made on a student’s official record, academic or disciplinary, and no document or entry may be placed in those records without notice to the student, with the exception of published grades and honor announcements. A document or entry supplied by or at the request of a student may be placed in the student’s record without additional notice to the student.

Information from official academic records may not be released to anyone except with the prior written consent of the student, except as stated below, and subject to the right of the student to bar disclosure to a particular inquirer or class of inquirers.

1. Administrative officers and faculty members may have access to official academic records for internal educational purposes and for research in which anonymity is guaranteed.

2. The following data is considered directory information and may be given to any inquirer either in person, by mail or telephone, but the College reserves the right to use discretion when releasing this information. Students also retain the right to refuse publication of this information:

a. Student’s name

b. Participation in officially recognized activities and sports

c. Address

d. Telephone listing

e. Weight and height of members of athletic teams

f. Electronic mail address

g. Photograph

h. Degrees, honors and awards received

i. Date and place of birth

j. Major field of study

k. Dates of attendance

Persons from outside the College shall not be permitted to access a student’s records or obtain greater information than provided herein unless a subpoena or other legal process is served on the College. Following such service, the College must immediately notify the student affected. In addition, the College will comply with such process only upon advice of counsel. To fully protect the confidentiality of student records, counsel for the College will be asked to advise a prudent course.

No record shall be kept of the political views of students or of student membership in any organization other than academic, honorary, professional or social organizations. In case of political organizations, only the names of officers will be recorded.

L. Library Rules and Regulations

The Mary Alice & Tom O’Malley Library is committed to providing resources and services in support of the academic work of our students and faculty. To ensure an environment conducive to study and research, users are expected to adhere to the following regulations:

The library is a smoke-free environment.

Animals are not permitted except service animals.

Skateboards or rollerblades may not be used inside the building.

Bicycles are not permitted inside the library.

Users must abide by all regulations governing library resources and facilities.

Library books and journals may not be defaced in any way with markings or underlining, or mutilated by removal of pages or barcodes or electronic theft devices.

Library material must be returned on time in original condition. If material is altered, damaged or lost, the user will be responsible for replacement cost.

Computer and printer settings and software must not be altered.

Phones should not be used in open study or reading areas.

Students are not permitted in unauthorized areas.

Students must show a valid I.D. when requested by library personnel and must leave when directed to do so by library personnel.

Violations can result in loss of library privileges, including access to the building. Serious violations will be referred to the Dean of Students for campus adjudication. Consult Manhattan College Responsible Use of Computing and Information Services Policy and Procedures.

Notes

1Manhattan College gratefully acknowledges the assistance of Kean University and Ramapo College in the development of this policy. We thank these institutions for their willingness to allow us to selectively adapt some of their policies related to academic integrity for our own use. See Kean University, Academic Integrity Policy <http://www.kean.edu/academicintegrity.html> (accessed 3 April 2008) and Ramapo College, Catalog 2003-2004, Grading Systems/Policies, <http://www.ramapo.edu/catalog_03_04/academicprograms/gradingsystems/acadacademicintegrity.html> accessed 3 April 2008.

2 For this definition and several of the examples, we are indebted to the Ramapo College and the Kean University policies.

3 For this definition and several of the examples, we are indebted to the Ramapo College and the Kean University policies.

4 For this definition and several of the examples, we are indebted to the Ramapo College and the Kean University policies.

5 For several of these examples, we are indebted to the Ramapo College and the Kean University policies.

IX. Policy Statements

A. Medical Leave of Absence Policy and Procedures

A leave of absence for medical or psychological reasons requires prior approval of the Director of Counseling & Health Services. When the leave of absence is granted for medical or psychological reasons, the student can return to Manhattan College only after the Director of Counseling & Health Services has indicated that the medical or psychological condition has been addressed and the student is capable of resuming his or her studies at Manhattan. To this end, the student will be required to submit a written progress assessment from a treating health professional attesting to the student’s readiness to resume studies at Manhattan College. This documentation must address the diagnosis, prognosis and treatment plan for the semester of return. The Director of Counseling & Health Services may also require a release from the student to discuss current treatment and follow-up needs with the treating health professional, in order to assess whether the student is qualified and ready to return to the College.

Involuntary Medical Leave

If the College determines that a student should be placed on a leave due to medical or psychological reasons related to the health and safety of the student, Manhattan College reserves the right to place a student on an involuntary withdrawal from the student’s academic program of study. This may occur when the student is not able or willing to take a voluntary leave and the College has made a reasonable determination that the student poses a direct threat to the health and/or safety of self and others.

Where Manhattan College believes that an involuntary withdrawal is to be considered, the Dean of Students will identify a team of professionals to make a reasoned determination. Included on that decision-making team will be a medical or mental health professional. The student will be informed of the College’s concerns and the pending decision to consider an involuntary withdrawal.

The College reserves the right to notify parents or legal guardians if deemed appropriate under the circumstances and applicable law, including making arrangements for family members to pick the student up from the College’s facilities, house the student or obtain health care assistance.

For additional information on medical leaves and other withdrawals from the College, please refer to the detailed policy and procedure on www.manhattan.edu.

B. Sexual Harassment, Discrimination, and All Other Forms of Harassment

Preamble – Manhattan College has a tradition of value-centered education and among the cherished values that the College is committed to impart is a deep respect for the dignity and integrity of each person. An important responsibility assumed by the College community is to stand firm against actions that threaten that fundamental regard for each person’s individual dignity and integrity.

The members of the College community understand that any form of discrimination violates the principles of human relationships and the College has a longstanding opposition to any discriminatory treatment based on an individual’s race, creed, color, religion, age, ethnic or national origin, sex, marital status, personal orientation, citizenship status or disability.

It has long been recognized by the College that sexual harassment is an invidious form of discrimination, one that demeans the dignity and integrity of the individual and that undermines the College’s mission to foster an open learning and working environment. The College voiced its condemnation of such harassment and discriminatory treatment in a policy statement, presented below, adopted in fall 1987 by the Senate, President and Board of Trustees, and consistently affirmed by the College in the conduct of its affairs. In furtherance of this commitment, the College has implemented a revised set of procedures intended to provide members of the College community with a way to assert their right to be free of prohibited harassment and discrimination, with a system to report incidents of harassment and with a mechanism for effective preventative and corrective action.

This policy and its accompanying procedures, originally implemented to address problems of sexual harassment, are equally appropriate to the broad range of potential incidents of harassment and discrimination arising from an individual’s race, creed, color, religion, age, ethnic or national origin, sex, marital status, personal orientation, citizenship status or disability. An individual in the College community may seek to apply these procedures to any discriminatory treatment.

1. Original Policy Statement on Sexual Harassment (1987)

“It is the policy of Manhattan College that no member of the College community may sexually harass another.” For general purposes, sexual harassment may be described as unwelcome sexual advances, requests for sexual favors and other physical and expressive behavior of a sexual nature where:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education

Submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions affecting the individual

Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile or demeaning employment or educational environment

No College personnel and no office of the College shall condone sexual harassment either actively or by ignoring a complaint by a member of the College community or an obvious attempt to harass sexually another by a member of the College community.

No member of the College community may retaliate in any way against a person for making a claim of sexual harassment, or for assisting or acting as witness for a person who makes a claim of sexual harassment.

2. Defining Sexual Harassment and Discriminatory Treatment

Members of the College community must understand that sexual harassment can be a particularly difficult form of discrimination to identify and define but is illegal and will not be tolerated. In general, sexual harassment may be described as:

Unwelcome sexual advances, requests to engage in sexual conduct for sexual favors or for unwanted contact and other physical or expressive (verbal or nonverbal) behavior of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual

Such conduct that is sufficiently severe, persistent or pervasive has the purpose or effect of substantially or unreasonably interfering with an individual’s professional work performance or creating an intimidating, hostile, offensive, abusive or demeaning employment environment.

Although the above guidelines were drafted by the federal government initially with regard solely to the employment situation, the principles are generally applicable to the educational setting where comparable harassing conduct, both in academic and nonacademic contexts, can constitute sexual harassment. Applying these employment-related principles to the academic setting will require thoughtful judgments about the differences and distinctions between these elements of harassment and the educational context. Many of these principles and prohibitions can occur in the context of other forms of general (non-sex-based) discrimination as well, and will not be permitted by the College.

The Department of Education, Office of Civil Rights, has issued guidance on sexual harassment involving the educational setting, describing such prohibited conduct as follows:

Quid pro quo harassment can encompass conduct by a school employee (or equivalent), which explicitly or implicitly conditions a student’s participation in an educational program or activity or bases an educational decision on the student’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature; and

hostile environment sexual harassment can encompass sexually harassing conduct, (which can include unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature) by an employee, another student or third party that is sufficiently severe, persistent or pervasive to limit a student’s ability to participate in or benefit from an education program or activity, or create a hostile or abusive educational environment.

The Department of Education recognizes that if the alleged harassment involves issues of speech or expression, a college’s obligations may be affected by the application of First Amendment principles, particularly as these rights apply in the classroom and other education programs and activities.

Sexual harassment can be verbal, nonverbal, visual or physical. It can be overt, as in the suggestion that an individual can secure an advantage or forestall negative treatment by submission to sexual advances or granting sexual favors. Such overt treatment can be implied from conduct or circumstances and need not be direct or explicit. Sexual harassment also can consist of persistent, unwanted attempts to shift an educational or professional relationship to a personal one. Examples of conduct that, if sufficiently severe, persistent or pervasive and nontrivial, can constitute sexual harassment, include unwelcome sexual flirtation and inappropriate or derogatory language, and treatment or jokes involving individuals or classes of people. It can be the public display of suggestive or offensive pictures or literature, unwelcome physical contact or serious physical abuse, such as sexual assault and rape. In the case of other forms of discrimination, insensitive or derogatory language or treatment, if sufficiently severe, persistent or pervasive, can be equally offensive and is prohibited by the College. These types of behavior may be considered coercive, demeaning, can be considered threatening and are not conducive to teaching, learning or working. This kind of severe, persistent or pervasive offensive behavior is unacceptable in the College and in College-related settings outside the campus, such as during trips, meetings with parents or members of the community, or professional and College- related social or educational events.

The College recognizes that in determining whether harassment has occurred, the perspective of the person subject to the discrimination or harassment, as well as the offender’s conduct and/or intention, may be considered. It is also essential to understand that consenting romantic and sexual relationships between employees or faculty and students, particularly between senior or supervisory individuals and less senior or lower-level employees, between co-workers, or between staff or faculty and students, may lead to unforeseen complications. The respect and trust accorded a more senior supervisory person by a staff member, or a faculty member by students, as well as the power held by that person in evaluating or otherwise supervising the staff person or evaluating performance or achievement, could diminish the extent to which the individual really feels free to choose or decline involvement. Therefore, each member of the College must be aware of the possible risk of even an apparently consensual sexual relationship.

A supervisor, employee or faculty member who enters into a sexual relationship with another member of the College community, where there exists a difference in seniority or power between the individuals involved, must be aware that, if a complaint of sexual harassment is subsequently made, it could be exceedingly difficult for the individual charged with sexual harassment to prove lack of wrongdoing on grounds of mutual consent.

Allegations of unprofessional conduct and breach of professional ethics also may be raised regarding such relationships by the individuals involved or by the College. With this in mind, the College may decide, to the extent possible, to reassign or rearrange reporting functions or other roles of parties engaged in a consenting relationship to avoid potential problems. The College also will consider claims of sexual harassment from a relationship that once was considered consensual.

In any educational setting, First Amendment issues that relate to speech and expression invariably arise. The civil rights laws and policies designed to protect students, employees and members of the College community from prohibited harassment and discrimination are not intended to regulate impermissibly the content of speech. All parties should recognize that the offensiveness of particular expression as perceived by some students or staff, standing alone, may not be a legally sufficient basis to establish a sexually hostile environment under Title IX or harassment and discrimination under other civil rights laws. Not only must the conduct questioned be sufficiently severe, persistent or pervasive as to limit a student’s ability to participate in or benefit from the education program or environment, but also these policies must be formulated, interpreted and applied so as to protect academic free speech rights. This offensive course material or discourse may be protected speech.

Finally, this policy and its procedures will only be effective to the extent that individuals who believe they are subjected to harassing or discriminatory treatment adequately notify appropriate College officials and, particularly, the Affirmative Action Officer, of the unwelcome conduct. Such notice should be given promptly, completely and clearly so that the College can act appropriately.

3. Procedures

1.Guidelines on Harassment and Discrimination – The underlying goal of this policy and the procedures is prevention. The College believes that education and mutual resolution of matters, rather than discipline or sanctions, is the preferred approach. While the College is committed to increasing everyone’s level of understanding and sensitivity to appropriate conduct, where conduct does not comply with the standards set by the College, prompt corrective action will be taken. But the College can only do its job if it knows of alleged harassment and discrimination. An appropriate College official must be advised of unwelcome conduct so that the College can act to protect the members of the community. The College’s guidelines for applying the policy and procedures are detailed below.

1.1Early Intervention – It is in the best interest of the College and the individual with concerns about harassment or discrimination to consult with a trusted member of the College community at the first instance of what may be perceived to be sexual harassment or discriminatory treatment. Dealing with a situation at its earliest inception may put a stop to the matter before it develops into a more serious problem. For an individual who may have been subjected to harassment or discrimination, guidance

about the individual’s rights to object to unwanted and unwelcome conduct, and to communicate that such treatment will not be tolerated, may enable the individual to resolve the matter promptly. Early intervention may be particularly effective when the harassing or discriminatory conduct is unintentional or the result of a lack of sensitivity about conduct. Every member of the College community is encouraged to seek guidance about these issues as early as practical, even before deciding whether or not a grievance may be filed.

1.2Whom to Contact – If you have questions about this policy and procedures, your rights, about particular treatment or conduct, or need general guidance on sexual harassment or discrimination, you may consult with the Affirmative Action Officer, a dean or chairperson, counselor, advisor or trusted member of the community.

The Affirmative Action Officer* is the College official who has been designated as the person with overall responsibility for ensuring that the College effectively handles matters involving sexual harassment and discriminatory treatment, including matters covered by Title IX (sex discrimination), the Americans with Disabilities Act and Title VII (race, color, national origin, age, religion and sex).

She or he works closely with other members of the College community to implement and administer the policy and procedures. The Affirmative Action Officer works closely and in conjunction with the Vice President or Human Resources, and can be reached in Memorial Hall, room 305, at 718-862-7398.

Within the College community, all members of the faculty, staff and administration are charged with the responsibility for assisting any individual who has concerns about sexual harassment or discriminatory treatment. Any member of the faculty, staff and administration or any student who observes an incident of

sexual harassment or discrimination, or who is approached for assistance, must comply with this policy and the accompanying procedures, and is to advise and consult promptly with the College’s Affirmative Action Officer.

1.3Who Is Covered – This policy and procedures cover all applicants and members of the College community, including students, faculty, staff and administrators. It also applies to a guest of a member of the College community, those invited to campus and employees of a company that serves the College or contracts with the College to provide services.

When an incident of harassment or discrimination involves a nonmember of the College community, such as a guest or outside employee, it is within the discretion of the Affirmative Action Officer to modify the procedure and/or refer the matter to an appropriate person or entity, when direct action by the College is impractical or unavailable.

When the alleged harassment or discrimination involves only students, the existing procedure for adjudicating matters between students shall apply, and the students shall be referred to the Dean of Students.

1.4Rights and Responsibilities – The rights and protections extended by this policy and its procedures come with an important responsibility for the members of the community. It is a responsibility to come forward and advise an appropriate official of the College of treatment or conduct that may be harassing or discriminatory. For this policy and its procedures to be effective, and for the College to act in the best interests of all the members of its community, the College must have the necessary information about inappropriate or improper conduct or treatment.

Confidentiality: Throughout the entire process-counseling, filing of a grievance, investigation, determination and appeal-the matter will be handled with sensitivity, and confidentiality will be respected, to the extent practical and appropriate under the circumstances and consistent with effective administration of the process, however, confidentiality cannot be guaranteed. Any member of the College community who becomes involved in the process will be expected to conduct him or herself appropriately and respect the confidentiality of all parties.

Retaliation: The College affirms that no retaliation may be taken against any individual who seeks guidance about or makes a claim of sexual harassment or discrimination, or participates in the process by assisting an individual who is making a claim, cooperating with an investigation or acting as a witness. Any retaliation or threatened retaliation is a serious violation of this policy and will be treated with the same strict discipline as harassment or discrimination itself. Retaliation should be reported immediately to the Affirmative Action Officer and/or the Vice President for Human Resources together with the details of the retaliation. An investigation of the retaliation will be commenced promptly.

Advisors: Any individual involved in the process is entitled to have another member of the College community serve as a confidant and advisor. If an advisor or confidant will be involved, the Affirmative Action Officer shall be told beforehand. The advisor or confidant may assist the individual but will only participate directly in meetings or proceedings if invited to do so by the person handling the meeting or proceeding. Any request for having an advisor from outside the College is to be made in writing in advance to the Affirmative Action Officer and will be considered based on the circumstances of the case. In general, lawyers are not permitted to participate in this internal process.

False Charges: If someone makes a false complaint of harassment or discrimination, (which is different from a good faith complaint that turns out not to constitute discriminatory treatment), the person making the false complaint may be subject to discipline up to and including dismissal or removal.

Action by the College: The College may, in its discretion and in the best interests of the College community, pursue a grievance even where the individual who first reported the harassment decides not to go forward with a grievance. Once the College learns of harassment or discrimination, it may be obligated to pursue the grievance even without the participation of the original person who was the subject of harassment or discrimination. The College also may pursue a grievance in the absence of the cooperation or participation of the person who is the subject of a complaint, provided adequate notice has been given to that person.

Multiple Complaints: The College reserves the right to pursue action under this policy or procedure, or a related College policy or procedure, even if parallel or related charges are pending before a civil, criminal or administrative tribunal. Nothing in this policy is intended to diminish the rights an individual may have under another College procedure, including those provided for in a collective bargaining agreement or the Faculty Community Standards and Student Code of Conduct.

2. The Grievance Procedure

2.1Filing a Grievance – Any member of the College community who believes that he/she has been subjected to sexual harassment or discriminatory treatment may invoke his/her rights under this policy and procedure. Ordinarily, an individual who seeks to use this procedure should consult promptly with the Affirmative Action Officer or a trusted member of the College community, such as an advisor, professor, dean, director or supervisor, who will involve the Affirmative Action Officer, the College official charged with the responsibility for handling matters of discrimination and harassment and acts in conjunction with the Vice President for Human Resources. In the absence of the Affirmative Action Officer, all matters will go directly to the Vice President for Human Resources. All communications and documents involving a charge of harassment or discrimination generally will flow through the Affirmative Action Officer.

After discussing the situation with the Affirmative Action Officer, an individual may decide to initiate a formal grievance but has the option of trying to pursue an individual informal solution to the problem.

If an individual decides to file a formal grievance, the person should provide a written summary of the facts of the grievance, including the name of the person (or people) who committed the harassment or discrimination, the details of the treatment or actions (dates, places, nature of the offense and other individuals present) that the individual feels constitute the harassment or discrimination, and any important background information, which helps to explain the situation. Copies of any materials, such as letters, notes, e-mails, voicemails, text messages, photographs or items that demonstrate the harassment or discrimination should be provided. If other individuals have direct knowledge of the situation, they should be identified. The person who makes the grievance also should state the solution that he/she believes would be fair for resolving the problem.

An individual who considers filing a grievance should do so timely, generally within approximately sixty days of the most recent incident of harassment or attempt to stop harassing treatment, although the College reserves the right to consider any grievance filed, even if considerable time has passed since the harassment or discrimination. The College may prepare a written summary of an incident of harassment or discrimination if it does not receive a written grievance statement from the person who reports the discrimination or harassment.

2.2Notice to Party Charged – Within a reasonable period of time after receipt of a grievance summary, generally ten academic days,1 the College will advise the individuals identified in the grievance that it has been filed and, in most circumstances, provide a copy or summary of the grievance. The individuals named in the grievance will be interviewed and asked to submit to the College a written response to the grievance. The substance of the response or interview, if no written response is received, may be shared with the individual who has filed the harassment or discrimination grievance.

The Affirmative Action Officer may, in his/her discretion, proceed with notice to a charged party, even in the absence of a written grievance statement or summary, if there is sufficient detailed information and evidence to warrant proceeding. If the individual charged does not cooperate in providing a response, the Affirmative Action Officer may reasonably conclude, for purposes of initiating an investigation, the allegations raised may be considered true. The Affirmative Action Officer may consider a grievance presented by the College in the absence of cooperation by the individual who raised the claim of harassment or discrimination, or the person charged. The Affirmative Action Officer may extend time limits for good cause and, where appropriate, may take steps to shield the identity of parties.

2.3Investigation – The Affirmative Action Officer, or his/her designee, shall undertake an investigation of a complaint of sexual harassment or discrimination. In this inquiry, the Affirmative Action Officer has wide latitude in the manner and scope of the investigation and may request information, documents, written statements, and interview potential witnesses. The Affirmative Action Officer may conduct separate meetings with the parties and suggest a joint meeting as part of the investigation. Each party may bring an advisor to meetings, but the advisor’s role is limited to assisting the individual, and the advisor may only participate actively in the meetings if specifically invited to do so by the Affirmative Action Officer. Both the individual filing the grievance and the individual charged with the harassment or discrimination may submit relevant information and recommend names of individuals with knowledge of the situation who may be able to provide relevant information. The investigation shall be conducted impartially and with courtesy extended to all parties. Each side will be given an opportunity to present his/her position, offer witnesses who can provide information relevant to the grievance, raise questions about each person giving information and present any additional information, materials or documents that relate to the grievance. The Affirmative Action Officer or designee also may call witnesses, request information and question those providing testimony. It is within the discretion of the Affirmative Action Officer when all parties are meeting to determine whether any cross-examination questions will be asked by him/her or a party proposing the questions.

The Affirmative Action Officer will have the authority to rule on all procedural issues, including witnesses, testimony, production of documents or information, cross- examination and submission of evidence. The Affirmative Action Officer may permit hearsay testimony and consider deposition or affidavit testimony if a witness is completely unavailable, and the testimony is of considerable significance.

Unless the Affirmative Action Officer rules otherwise, meetings are closed to those not directly involved in the process. Witnesses will only be permitted at a meeting when testifying. The parties may be accompanied by an advisor (as defined in these procedures). An advisor may not participate unless specifically invited to do so by the Affirmative Action Officer.

The standard of proof that governs a finding of violation of College policy generally will be a preponderance of the evidence, considered to be sufficient, credible proof to support the allegation of the complaining party. The determination is based on evidence presented to the Affirmative Action Officer. The standard of “beyond a reasonable doubt” is not applicable in these proceedings. A tape or transcript of any interviews or meetings will only be made when the College determines it is required by the severity of the circumstances.

At the conclusion of the investigation, the Affirmative Action Officer will make a determination about whether the conduct violated the policy prohibiting harassment or discrimination, and/or whether there was a violation of other College rules or regulations. The Affirmative Action Officer will make his/her findings and determination based on the evidence as a whole. A brief written report, summarizing the findings of fact, resolving issues of credibility (if any) and determining the question of culpability, will be prepared by the Affirmative Action Officer. Where there is a determination that there has been a violation of the College’s policies, appropriate sanctions shall be recommended.

If the results of the investigation indicate a violation, the Affirmative Action Officer has full authority to recommend a resolution of the matter to the parties and the College. A mutually acceptable settlement of the matter may be negotiated by the Affirmative Action Officer and consented to by the parties (when practicable) and a copy maintained by the College to ensure compliance. If the parties do not concur with a resolution, the Affirmative Action Officer shall issue a brief written determination on the grievance and impose an appropriate resolution or sanctions. A resolution at this stage may include, but not be limited to, acknowledgement of inappropriate conduct and an agreement to end such conduct, agreement to

participate in further education, guidance or counseling to heighten understanding of harassment and discrimination, an admonition, a written warning, a written reprimand, probation, suspension, monetary penalty, community service, termination or expulsion.

The investigation process also may conclude with a finding that there was a lack of credible proof to support a claim of harassment or discrimination. If the Affirmative Action Officer determines that there is not sufficient evidence of harassment or discrimination to warrant a finding of a violation, then a written summary will set forth those findings. If no other rule or policy at the College has been violated, the Affirmative Action Officer can recommend the case be closed.

If the matter is resolved at this stage and not appealed, the College will treat the complaint as settled. A file relating to the incident will be maintained by the Affirmative Action Officer.

If the matter is not resolved to the satisfaction of the parties, either party may appeal. The Affirmative Action Officer shall prepare a summary of the investigation and determination for the appeal process, if necessary.

2.4Sanctions – The sanctions appropriate for enforcing the College’s policy against discrimination and harassment should reflect the severity of the actions, the prior record of the individual who violated the policy and his/her status. In selecting the appropriate sanction(s), the College may take into account the prior record of violations and discipline of the party charged. When appropriate, progressive discipline may be considered. Sanctions imposed should, to the extent feasible, be consistent for similar offenses and circumstances.

Available sanctions include, but are not limited to, acknowledgement of inappropriate conduct and an agreement to end such conduct, agreement to participate in further education, guidance or counseling to heighten understanding of harassment and discrimination, an admonition, written warning, a written reprimand, withholding a promotion or pay increase, probation, suspension without pay, monetary penalty, community service, termination or expulsion. Multiple sanctions may be imposed. A record of the complaint and grievance process will be maintained separately from an individual’s other permanent record or files at the College. The findings, determination and proposed sanction, as well as any written form of sanction, may be placed in the individual’s permanent record or maintained in the record under seal, as determined by the College. An appropriate transcript entry may be made by the College on a student’s transcript when discipline, such as suspension or expulsion, is involved. The imposition of sanctions or application of this policy and procedures do not preclude the College from filing charges or cooperating with civil or criminal authorities.

3. Appeal

The individual who filed the grievance and/or the person charged with a violation may appeal based on the process followed, the determination and/or the sanction imposed. An appeal must be in writing, specify exactly what is being appealed and why. When finished, it should be sent to the office of the Vice President for Human Resources within 10 days (excluding weekends and holidays) of the determination by the Affirmative Action Officer. The Vice President for Human Resources will decide who should consider the appeal. An appeal that involves a member of the faculty, administration or staff generally will be handled by the Provost and the Vice President for Finance. The Vice President for Student Life and the Provost generally will handle an appeal filed by a student. The Vice President for Human resources will handle appeals filed by staff generally. The Vice President for Human Resources may designate another appropriate official of the College to handle an appeal. The Affirmative Action Officer will provide the appeal official with all the materials from the investigation and all written determinations.

The appeal will be a review of the record as a whole at the earlier stages of the investigation. The official(s) considering the appeal will have access to all documents, statements or material considered at the initial stage. New evidence will only be considered during the appeal, if it was discovered or obtained after the investigation was finished and is directly relevant. The official(s) handling the appeal may consider additional written submissions of the parties on why the process, determination and/or sanction were contradictory to College policy or the facts.

The decision on appeal can, in whole or in part, affirm, reverse or modify the initial action. In addition, the official(s) handling the appeal may return the grievance for further investigation and/or reconsideration. The decision on appeal is final, except when the recommended sanction is termination or expulsion; the College has the discretion to refer the matter to an existing College procedure normally governing termination or expulsion before termination or expulsion is invoked.

4. Conclusion

Complaints of harassment or discrimination require sensitivity to the interests of the members of the College and the individuals involved in the process. Just as it is important to recognize that those subjected to discrimination and harassment must have someone and somewhere to turn for assistance, so it is important to realize that unsubstantiated or malicious charges may seriously affect the reputations, careers or personal lives of the individuals charged with such conduct. The College will take action against anyone who uses the process abusively or as a way to gain advancement, to excuse poor job or classroom performance or to settle personal differences.

It is also important to know that incidents of sexual harassment should be brought to the attention of the Affirmative Action Officer, even if the person is only an observer of the incident or learned indirectly of the conduct. This is essential to ensure that harassment is dealt with promptly and constructively. Reporting information about possible harassment and discrimination is not incompatible with pledges of confidentiality. The Affirmative Action Officer, the central source of information about harassment and discrimination, can make informed judgments about identifying matters and practices of discriminatory conduct, and about pursing an investigation.

The underlying goal of this policy is education and resolution rather than discipline or sanction. The College is committed to increasing everyone’s level of understanding about and sensitivity to appropriate conduct. When conduct does not comply, the College will take prompt corrective action.

Nothing in this policy is intended to foreclose an individual from pursuing his/her rights under any existing College procedure, collective bargaining agreement or from pursing any federal, state or local remedies. The College reserves the right to modify these procedures, with or without advance notice, as appropriate, to respond effectively to a given situation and in response to changes in applicable law, regulations and guidance.

C. Computing Policy and Procedures

1. Introduction

Colleges and universities play an important role in the rapidly expanding field of computing technology. They provide an institutional base for enhancing competencies in computer usage, stimulating research and development of hardware and software, and enriching the capability of all academic programs to achieve excellence in teaching. Because higher education has an overarching goal of preparing students to assume responsibility for civic life and the further development of society, colleges and universities are duty-bound to promote those virtues that build the character of students and thus the common good of society. Responsible use of computing technology must be carefully articulated due to the rapid developments in the field, developments that do not lend themselves easily to traditional categories of responsible use. Such responsibility is necessary to protect the rights of the community with regard to the use of computer technology, and is one facet of broader policies that concern academic integrity in higher education. More is at stake than self-interest in a smooth-running institution. Responsible computer and information services use prepares students for the aforementioned goal of higher education-responsible citizenry-and enables faculty, administrators and staff to serve as role models for such responsible citizenry.

The mission of Manhattan College is to provide a contemporary, person-centered educational experience characterized by high academic standards, reflection on values and principles and preparation for a lifelong career. This policy is supportive of that mission. This responsible use policy deals with three key areas: privacy, copyright and commerce, and harassment. It states who is covered by the policy, provides definitions of terminology and detailed procedures to be followed for reporting violations.

2. Policy Statement

Manhattan College expects all members of its community to use computing and information services in a lawful, ethical and responsible manner. The College may restrict the use of its computers and network systems for electronic communications or other activities, in response to properly considered or otherwise adjudicated complaints that present evidence of violations of College policies or codes, or of federal, state or local laws and regulations. Specifically, the College, through usual channels and established procedures, reserves the right to limit access to its computing and information services networks through College-owned or other computers and to remove or limit access to material posted on College-owned computers.

3. Reason for Policy

The College adopts and promulgates this policy:

to enforce its policies regarding harassment, discrimination and the safety of individuals

to safeguard the integrity of computers, networks and data either at Manhattan College or elsewhere

to ensure that use of electronic communications complies with all other College policies and procedures for maintaining public order and/or the educational environment

to prevent the posting of proprietary software or the posting of electronic copies of literary works or other intellectual property in disregard of copyright restrictions or contractual obligations

to protect the College from seriously damaging or legal consequences

to comply with all governmental regulations regarding electronic communications

4. Persons and Actions Affected

This policy applies to all members of the Manhattan College community including faculty (full-time and part-time), administrators and staff (full-time and part- time), students (undergraduate and graduate, matriculated or non-matriculated) and to anyone else who has computing/information services privileges to use the resources of Manhattan College. The policies outlined herein shall apply when any member of the class as defined above uses, accesses or otherwise interacts with any of the computing facilities, hardware or software owned or licensed by Manhattan College, or any component of the College’s network infrastructure or College systems, whether such use, access or interaction occurs on College property (including the College’s residence halls) or from a remote off-campus site; or when anyone covered by this policy makes it appear to other individuals or entities that such use, access or interaction is associated in any way with Manhattan College. Any members of the Manhattan College community who do not accept the provisions of these policies may not use, access, or otherwise interact with any of the College computing facilities.

5. Who Should Read this Policy

All members of the Manhattan College community affected by this policy should read and understand it.

Harassment and Discrimination of 1996 (Title V of the (1987, revised 1997) Telecommunications Act of 1996)

7. Contacts

Direct any general questions about this policy to your department’s administrative office. If you have questions about specific issues or application of specific provisions, call the following offices:

8. Definitions

These definitions apply to these terms as they are used in this policy:

College Computers and Network Systems (College Systems): Computers, terminals, networks, servers, switches, routers, hubs, PBXs and other similar devices that are owned or administered by the College and/or for which the College is responsible. Throughout this policy, the shortened term “College systems” is used to mean College computers and network systems.

Departmental Policy Officer: A person with responsibility for issues that have policy implications for students, faculty and/or staff in a department, school, unit or other area of the College.

Education Records: Records specifically related to a student and maintained by an educational institution or a party acting on its behalf. These records are protected by and subject to the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).

Electronic Communications: The use of computers and network communications systems in the communicating or posting of information or material by way of electronic mail, bulletin boards or other such electronic tools. These communications are protected by and subject to the provisions of the Electronics Communications and Privacy Act of 1986.

Harassment: Repeated and unwanted actions that have the purpose or effect of creating an offensive, intimidating, demeaning or hostile educational or employment environment.

Obscene: The definition of obscenity follows the three-pronged test outlined by the U.S. Supreme Court in Miller vs. California, 413 U.S.15 (1973). To be defined as obscene, the material must (1.) when considered as a whole by an average person, applying contemporary community standards, be judged to appeal to prurient interest, (2.) depict or describe in a patently offensive way, sexual conduct specifically defined by applicable state law, and (3.) lack serious literary, artistic, political or scientific value when the work is taken as a whole.

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other physical and/or expressive behavior of a sexual nature where submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile or demeaning employment or educational environment (see Policy and Procedures on Sexual Harassment and Discrimination).

System or Network Administrator: An employee responsible for the operation or operating system environments of College systems.

9. Key Policy Areas

The key areas addressed below are recognized as important and necessary

components of any organizational responsible computing use policy, however, they are not exhaustive of all possible issues that are addressable within the framework and spirit of this policy statement. They also may not specifically address new and emerging technologies and possible abuses thereof. Manhattan College reserves the right to utilize procedures detailed herein to address other rights and violations that reasonably fall within the general areas outlined.

Privacy – Users Right to Privacy: Manhattan College shall respect the privacy of electronic communications and subscriber information of all users of College systems in accordance with the rules and procedures of the Electronic Communications and Privacy Act of 1986. However, in the event that an electronic communication contains information regarding threats of bodily harm, Manhattan College reserves the right to divulge the identities of the parties involved in such communication to the proper authorities.

User IDs and Passwords: Manhattan College has an obligation to respect the privacy of all users of College systems. Each user number, login and account name, or any other user ID and password is the property of an individual student, staff, faculty, administrator, department or administrative unit. No one shall use another’s or authorize anyone else to use his/her user number, login name, user ID, or account name and password. No one shall use aliases, nicknames, pointers or other electronic means to attempt to impersonate, redirect or confuse others. No one shall use any means to capture information intended for others without permission of the intended recipient. Toward this end, owners accept the burden for stewardship and responsible use and dissemination of their user numbers, login names, user IDs and account names and passwords.

User Programs/Files: Programs and files belong to the owner of the user account or directory that contains the programs and files. The files and their intellectual content are presumed to be private and confidential unless the owner has explicitly made them available to the public. If the owner allows access to files by way of file sharing, then it is presumed that the owner has waived his/her privacy rights but retains whatever copyright rights, if any, may exist. When necessary for the maintenance of a system or network, Computer Center personnel may gain access to files that belong to others. In such circumstances, Computer Center personnel are charged with holding individual-level data confidential except when that information is needed to resolve an accusation of a violation of the College’s Responsible Use of Computing and Information Services policy. Programs and files that belong to the owner of a personal computer shall be subject to the same rights to privacy afforded to programs and files on any computer connected to the College systems.

Administrative Databases: The privacy and confidentiality of computer files also apply to information from the College’s administrative databases. Improper access and/or dissemination of information from administrative databases are a violation of the College’s Responsible Use of Computing and Information Services policies. To obtain information from or access to administrative databases requires written permission of an appropriate administrator. Access to such information through a duly assigned administrative account by the authorized account user shall constitute permitted use and proper access. Education records are protected by and subject to the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).

Network Tracking: Some programs gather information about users. If such information could directly or indirectly identify a person using the program, then to the extent practicable, each user shall be warned and given a chance to leave the program before data collection begins. To avoid issuing excessive warning messages, an exception is made for host or network operating systems (that may keep logs of user account numbers, log in/disconnect times, amount of computer resources consumed, etc.) and for electronic mail software that keeps a log of users of the mail servers and summary information (but not the text of) messages sent and received.

Invasion of Privacy: College systems shall not be used to invade someone’s privacy, including intrusion upon the solitude or seclusion of another or their private affairs or concerns; public disclosure of private facts; misappropriation of one’s name or likeness (including College system user names); or knowingly or recklessly placing someone before the public in a false light. Any of these actions, which would be highly offensive to a reasonable person, also may subject the offending party to civil liability.

Copyright and Commerce: Manhattan College respects an owner’s interest in proprietary software or other assets that pertain to computers or network systems, even when such software or assets are not securely protected. Legitimate use of a computer or network system does not extend to whatever an individual is capable of doing with it.

Manhattan College adheres to U.S. copyright laws, including the Copyright Act of 1974 and as amended, and thus does not condone any unfair (i.e., outside fair use exception) or otherwise unauthorized use of copyrighted information (including computer software) or the posting of electronic copies of literary works in disregard of copyright restrictions or contractual obligations. Anything less than adherence to

the letter and the spirit of copyright law is unethical. The unauthorized use of any software or data that is protected by copyright is both unethical and illegal unless you are the owner of a license to use such data or program. The placement of misappropriated, copyrighted material on College systems violates the College’s policy of Responsible Use of Computing and Information Services.

Any use of College systems for commercial activity is generally incompatible with the College’s legal status as a not-for-profit corporation chartered by the Regents of the University of the State of New York and exempt from taxation under IRC 501(c)(3). Trafficking, for-profit or otherwise, in goods and/or services using College systems, when not compatible with the interests of Manhattan College, is generally inconsistent with Manhattan College’s tax-exempt status and unrelated to its educational mission (i.e., sale of software on the Internet from the residence halls). Such activity violates this policy.

Fair Use and Public Domain Exceptions: One of the rights accorded to the owner of copyright is the right to reproduce or authorize others to reproduce the work. This right is subject to certain limitations found in the Copyright Act (Title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use.” The statute contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship and research. It also sets out four factors to be considered in determining whether or not a particular use is fair:

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

The nature of the copyrighted work

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

The effect of the use upon the potential market for or value of the copyrighted work

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may safely be taken without permission.

Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The safest course is always to get permission from the copyright owner before using his/her material. When it is impractical to obtain permission, use of copyrighted material shall be avoided unless the doctrine of “fair use” would clearly apply to the situation. One in a relative position of authority shall not knowingly or recklessly direct others to reproduce copyrighted material without properly secured permission from the copyright owner.

Material in the public domain (as generally defined by relevant laws or regulations) or software labeled generally as freeware is there for all to use and may be used freely. Material labeled as shareware may be subject to restrictions and shall be used in accordance with the author’s directions.

Peer-to-Peer File Sharing: In full compliance of the Higher Education Act on Copyright Infringement, the unauthorized distribution of copyrighted material, such as through peer-to-peer (P2P) networks, is a violation of the College’s Responsible Use policy and may also subject students to civil and criminal penalties.

The U.S. Copyright Law (http://www.copyright.gov/title17/) provides for damages as follows: Actual damages and profits or

$750-$30,000 for each copyrighted work (song, movie, game, etc.) or

$750-$150,000 for each copyrighted work if the infringement was committed willfully

Criminal penalties for certain copyright violations

If the College receives a notice that the IP address assigned to a student has been identified as one that is distributing unauthorized copies of copyrighted material, the student will be barred from accessing the campus network and will be required to certify that all unauthorized material has been removed before that privilege is restored. Copyright infringement is unlawful and thus a violation of the Student Code of Conduct; therefore, judicial procedures and sanctions will apply. Under the law, the College could also be required under subpoena to release your name to appropriate authorities.

When technology makes it easy to abuse the rights of others, it may be tempting to engage in such behavior. Resist the temptation and use only legal downloading sites. As an alternative to illegal downloading, there are now many online sources that provide for free and fee-based legal downloading (i.e. http://www.riaa.com/toolsforparents.php?content_selector=legal_music_sites).

Harassment: College systems are not to be used for harassment of any individuals, groups or classes of individuals. Harassment is the sending, posting, forwarding, copying, relaying or otherwise transmitting or conveying intimidating, abusive or other repeated and unwelcome messages after a request to stop.

College systems are not to be used for sexual harassment, a form of harassment that warrants its own policy and procedures (Policy and Procedures on Sexual Harassment and Discrimination) that are hereby incorporated by reference.

College systems are not to be used for viewing, downloading or transmitting obscene material. Such use may constitute sexual harassment. College systems are not to be used for any purposes that are inconsistent with policies set forth in the Faculty and/or Community Standards and Student Code of Conducts.

10. Policy Enforcement

a. Actions

1. The College reserves the right to limit access to its computers and network systems when applicable College policies or codes, contractual obligations or state, federal or local laws are violated, but does not monitor or generally restrict the content of material transported to or from, and/or across its system.

2. The College reserves the right to remove or limit access to material posted on its systems when applicable College policies or codes, contractual obligations, or state, federal or local laws are violated, but does not monitor the content of posted material posted.

3. The College does not monitor or generally restrict material on computers housed within a private domain or on non-College computers, whether or not such computers are attached to campus networks.

b. Violations

Violations of this policy may involve the use of College computer and network systems, including electronic communication to:

harass, threaten or otherwise cause harm to a specific individual(s), whether by direct or indirect action

impede, interfere with, impair or otherwise cause harm to the activities of others

download, post to, or transport across College systems, material that is illegal, obscene, proprietary, in violation of College contractual agreements or otherwise is damaging to the institution

harass, threaten or cause harm to classes of individuals, whether by direct or indirect action

Note: As a matter of policy, the College protects expression by members of its community and does not wish to become an arbiter of what may be regarded as offensive by some members of the community. The College cannot protect individuals against the existence or receipt of material that may be offensive to them. However, in exceptional cases, the College, through usual channels and established procedures, may decide that material directed to individuals or groups presents such a hostile environment that certain restrictive actions are warranted.

c. Reporting Violations

College community members shall report any violation of this policy to the Dean of Students Office (Thomas Hall, Floor 5) or the appropriate person listed above. Written statements can be submitted on the College’s incident report forms (available in Dean of Students office), in another written format of the reporter’s choice or using one of the formats described herein. Any evidence to prove the allegations shall also be included with the report. Reports shall include as much detail as possible and only factual information and be void of opinions and/or personal beliefs or suspicions. The general area of violation also shall be listed. The Dean of Students can assist complainants in completing an incident report, if necessary.

When the alleged policy violator is a student, the report will be processed in accordance with the College Student Judicial Procedures as outlined in the Manhattan College Community Standards and Student Code of Conduct.

When the alleged policy violator is other than a student, the matter will be referred by the Dean of Students to the Vice President of Human Resources and/or the Provost for review and/or adjudication.

The Dean of Students can act upon a complaint only if the violator is a member of the Manhattan College community. If the violator and/or sender of electronic messages is not a member of the Manhattan College community, the Dean of Students may assist the complainant by referring him/her to appropriate sources of help outside the College community.

d. Potential Sanctions

Student violators may be subject to revocation of privileges and restitution for any damages that result from their violations. Violations that were initiated from residence halls may result in probation or expulsion from the residence halls. Other sanctions based on the severity of the violation(s) include disciplinary probation and/or expulsion from the College. Disciplinary sanctions for students are explained in detail in the Community Standards and Student Code of Conduct.

Based on the severity of the violation, non-student College community members may be subject to reprimand, suspension or termination of employment. Restitution may be required for any damages that result from their violation.

e. Procedures for Systems or Network Administrators

In certain cases, the priorities of protecting the College against seriously damaging consequences and/or safeguarding the integrity of computers, networks and data either at the College or elsewhere, may make it imperative that temporary restrictive action be taken on an immediate basis. In such instances, systems or network administrators may take temporary restrictive action, preferably with the prior approval of the departmental policy officer, pending final adjudication by the College. All restrictive actions taken

must be documented and justified in accordance with this policy. If there is no designated policy officer, or if the policy officer is not immediately available, the Dean of Students or Provost may be contacted for guidance or assistance.

The incident and any action taken shall be documented and this information protected, as would any confidential material. This information may be subject to review by appropriate College authorities, so it is important that the information be current, complete and correct, maintained in an electronic database as appropriate and easily retrievable.

Note: In some instances, such incident reports may, of necessity, include education records and, as such, will be protected from disclosure under the Family Educational Rights and Privacy Act of 1974 (FERPA).

11. Appendix 1 of the Computing Policy

1. General Violations:

a. Refusal to comply with any lawful directive of a clearly identifiable College official acting in the performance of his or her duties in the enforcement of this College policy

b. To forge, fraudulently alter, or willfully falsify or otherwise misuse College or non-College records, documents, or communications including electronic communications or to possess such altered documents without proper authority

c. To harass, abuse or threaten another using College systems as the means for such harassment, abuse, or threats

d. To sexually harass another person

e. To violate copyright law (“fair use” is not a violation) using College systems

f. To traffic, for profit or otherwise, in goods and/or services, using College systems when incompatible with the interests of Manhattan College

g. To recklessly or maliciously interfere with or damage College systems, data, files, or other information

h. To invade someone’s privacy and/or violate provisions of FERPA

12. Appendix 2 of the Computing Policy

1. Violations Targeting Individuals

a. The sending to an individual using College systems repeated and unwanted (harassing) communications including but not limited to communications that are sexual in nature or communications motivated by race, ethnicity, religion, gender or sexual orientation.

· Targeted individual files complaint.

§ For Students, the Dean of Students or Department Chair/Director; Dean of School; Provost receives the complaint.

§ For faculty, staff or administrators, the Affirmative Action Officer receives the complaint and shall also notify Director of Public Safety.

b. The posting or other dissemination using College systems of personal, confidential or sensitive information about an individual(s) (e.g., academic records; medical information; other information that if

disseminated could have legal or damaging implications for the targeted person or individual). Personal expression is not meant to be limited or restricted by this policy; however a targeted person may nonetheless have other remedies against the violator.

· Targeted individual or System or network administrator files complaint.

§ For Students, the Dean of Students or Department Chair/Director; Dean of School; Provost receives the complaint.

§ For faculty, staff or administrators, the Affirmative Action Officer receives the complaint and shall also notify Director of Public Safety.

interfering with access to academic resources using College systems; misrepresentation of one’s work using electronic communications; collusion on examinations, papers, or other academic work using College systems; fabrication of research data using College systems

· Faculty member or individual whose work is stolen, misrepresented or otherwise compromised or damaged files complaint.

§ For Students, the Dean of Students or Department Chair/Director; Dean of School; Provost receives the complaint.

§ For faculty, staff or administrators, the Affirmative Action Officer receives the complaint and shall also notify Director of Public Safety.

§ For Students, the Dean of Students or Department Chair/Director; Dean of School; Provost receives the complaint.

§ For faculty, staff or administrators, the Affirmative Action Officer receives the complaint and shall also notify Director of Public Safety.

D. Marketing & Communication Photography/Video Policy

Manhattan College and its representatives on occasion take photographs and videos for use in the College's promotional materials including publications, advertisements, websites, and press releases. Unless a written statement to the contrary is filed with the Marketing & Communication office by emailing public_relations@manhattan.edu, all students give implicit permission and authorization to Manhattan College to use any photograph or video of themselves that is taken by or is authorized by a Manhattan College staff member for promotional or instructional purposes. By granting permission, students release any and all claims for damages for libel, slander, or invasion of right of privacy.

E. Suspension and Relocation During Incidents

The College reserves the right to relocate students and their property and/or impose interim restriction from the College and residence halls if College officials have a reasonable basis to believe that there is a threat to the safety and security of the campus community.

Appendix A

Alcohol and/or Drug Use Amnesty

The health and safety of every student at the College is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to a College official or law enforcement will not be subject to a Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

The College will provide students with the resources to respond to high risk drinking and other drug abuse. In a crisis, students are encouraged to seek assistance by contacting the Public Safety Department at 718-862-7333 or the College’s Counseling Center at 718-862-7394.

Students’ Bill of Rights

Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;

Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;

Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;

Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;

Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;

Access to at least one level of appeal of a determination;

Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and

Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

To file a report of misconduct with the College, please contact one of the individuals listed here.

Appendix C

New York Crime Definitions

The Violence Against Women Act (VAWA) and its regulations require the College to include certain New York State definitions in their Annual Security Report and also require that these definitions be provided in other materials disseminated by the College. Relevant New York definitions are set forth below.

CONSENT: Lack of consent results from: forcible compulsion; or incapacity to consent; or where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct. Where the offense charged is rape in the third degree, a criminal sexual act in the third degree, or forcible compulsion in circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. A person is incapable of consent when he or she is: less than 17 years old; or mentally disabled; or mentally incapacitated; or physically helpless; or committed to the care and custody of the state department of correctional services, a hospital, the office of children and family services and is in residential care, or the other person is a resident or inpatient of a residential facility operated by the office of mental health, the office for people with development disabilities, or the office of alcoholism and substance abuse services, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital.

CONSENT, ABBREVIATED: Clear, unambiguous, and voluntary agreement between the participating to engage in specific sexual activity.

DATING VIOLENCE: New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the crime is committed by a person in an “intimate relationship” with the victim. See “Family or Household Member” for definition of “intimate relationship.”

DOMESTIC VIOLENCE: An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.

FAMILY OR HOUSEHOLD MEMBER: Person’s related by consanguinity or affinity; persons legally married to one another; person formerly married to one another regardless of whether they still reside in the same household; persons who have a child in common regardless of whether such persons are married or have lived together at any time; unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation. Intimate relationship status shall be applied to teens, lesbian/gay/bisexual/transgender, and elderly individuals, current and formerly married and/or dating heterosexual individuals who were, or are in an intimate relationship.

PARENT: means natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

SEXUAL ASSAULT: New York State does not specifically define sexual assault. However, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape.

SEX OFFENSES; LACK OF CONSENT: Whether or not specifically stated, it is an element of every sexual act committed without consent of the victim.

SEXUAL MISCONDUCT: When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.

RAPE IN THE THIRD DEGREE: When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) Being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

RAPE IN THE SECOND DEGREE: When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.

RAPE IN THE FIRST DEGREE: When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.

CRIMINAL SEXUAL ACT IN THE THIRD DEGREE: When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent.

CRIMINAL SEXUAL ACT IN THE SECOND DEGREE: When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act.

CRIMINAL SEXUAL ACT IN THE FIRST DEGREE: When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.

FORCIBLE TOUCHING: When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching.

PERSISTENT SEXUAL ABUSE: When a person commits a crime of forcible touching, or second or third degree sexual abuse within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of one of the above mentioned crimes or any offense defined in this article, of which the commission or attempted commissions thereof is a felony.

SEXUAL ABUSE IN THE THIRD DEGREE: When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old and (3) the defendant was less than five years older than such other person.

SEXUAL ABUSE IN THE SECOND DEGREE: When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old.

SEXUAL ABUSE IN THE FIRST DEGREE: When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old.

AGGRAVATED SEXUAL ABUSE: For the purposes of this section, conduct performed for a valid medical purpose does not violate the provisions of this section.

AGGRAVATED SEXUAL ABUSE IN THE FOURTH DEGREE: When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.

AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE: When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1)(a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE: When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old.

AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE: When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older.

STALKING IN THE FOURTH DEGREE: When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

STALKING IN THE THIRD DEGREE: When a person (1) commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

STALKING IN THE SECOND DEGREE: When a person: (1) commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, slingshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

STALKING IN THE FIRST DEGREE: When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.